Toro v. Shoedazzle.com, Inc.
- Paul Gardephe
- 1:23-cv-05323
- U.S. District Court · Southern District of New York
- 1
In Toro v. Shoedazzle.com, Magistrate Judge Moses found service likely deficient and reminded Toro to properly serve the defendant by September 20, 2023.
Jasmine Toro was affected because the court identified a possible defect in her service and reminded her of the September 20, 2023 deadline. Shoedazzle.com, Inc. had not appeared in the case.
What happened
In Toro v. Shoedazzle.com, Inc., Jasmine Toro filed a complaint, and a proof of service stated that Shoedazzle.com, Inc. was served on July 17, 2023. The defendant had not appeared or filed an answer, and Toro had not requested a certificate of default.
The court said the service appeared deficient because the summons was not issued by the court, did not include the clerk’s signature and the court’s seal, and incorrectly described the case as involving an unpaid consumer debt.
Magistrate Judge Barbara Moses reminded Toro that she was responsible for serving a summons that meets the federal requirements and stated that service had to be completed by September 20, 2023. The order did not decide the underlying dispute.
The detailed version
- Toro v. Shoedazzle.com, Inc. · No. 1:23-cv-05323
- Paul Gardephe
- Aug. 15, 2023
Background
Jasmine Toro filed her complaint on June 22,
- She filed proof of service stating that Shoedazzle.com, Inc. was served with a summons on July 17,
- If that service had been valid, the defendant’s answer would have been due August 1,
- The defendant had not appeared, no answer had been filed, and Toro had not requested a certificate of default.
Service problem
The court stated that Toro’s service appeared deficient. The summons was not issued by the court and did not contain the court clerk’s signature or the court’s seal, which are required contents of a federal summons. The summons also incorrectly described the action as one involving “an unpaid consumer debt.”
Order
The court reminded Toro that she was responsible for serving a summons that complies with Federal Rule of Civil Procedure 4(a)(1). It stated that she had to complete service within 90 days after filing the complaint—no later than September 20, 2023. The order did not enter default against Shoedazzle.com, Inc. and did not address the merits of Toro’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.