McMillin v. Galbraith
- Valerie Caproni
- 1:23-cv-10266
- U.S. District Court · Southern District of New York
- 3
In McMillin v. Galbraith, Judge Caproni ordered the Clerk and Marshals Service to arrange service on Galbraith for McMillin.
Leslie McMillin, Lynn Madison Galbraith, the Clerk of Court, and the U.S. Marshals Service.
What happened
In McMillin v. Galbraith, Leslie McMillin, who is representing herself, alleges that Lynn Madison Galbraith sexually assaulted her. McMillin brought the case under the court’s diversity-of-citizenship jurisdiction, and the court had allowed her to proceed without paying filing fees upfront.
Because McMillin received that permission, the court said she could rely on the court and the U.S. Marshals Service to serve Galbraith with the lawsuit. The court extended the service deadline to 90 days after the summons is issued.
Judge Valerie Caproni directed the Clerk of Court to issue the summons, complete the service forms, and send the necessary papers to the Marshals Service. The court also directed the Clerk to mail McMillin an information package and instructed her to notify the court if her address changes.
The detailed version
- McMillin v. Galbraith · No. 1:23-cv-10266
- Valerie Caproni
- Dec. 5, 2023
Background
Leslie McMillin, appearing without a lawyer, brought an action against Lynn Madison Galbraith under the court’s diversity-of-citizenship jurisdiction. McMillin alleges that Galbraith sexually assaulted her. In an earlier order dated November 22, 2023, the court granted McMillin permission to proceed without paying court fees upfront.
Service of the Lawsuit
Because McMillin was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Galbraith. The court stated that the Clerk of Court must issue the summons and provide the Marshals Service with the documents needed to complete service.
The court also explained that the usual deadline for serving a summons is 90 days after the complaint is filed. Because McMillin could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued, the court extended her service deadline to 90 days after the summons is issued. If service is not completed within that period, McMillin should ask for more time. She must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she does not do so.
Ruling
Judge Valerie Caproni directed the Clerk of Court to issue a summons for Galbraith, complete the U.S. Marshals Service forms with Galbraith’s address, and deliver all documents needed for service to the Marshals Service. The Clerk was also directed to mail McMillin an information package. The order concerns service of the lawsuit and does not decide the allegations against Galbraith.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.