Biguvu v. JP Morgan Chase & Co.

Background

Paul Biguvu filed his complaint on July 12, 2023. The court issued a summons on September 11, 2023. Federal Rule of Civil Procedure 4(m) generally requires a plaintiff to serve a defendant within 90 days after the complaint is filed, and permits the court to dismiss the action without prejudice or set a new service deadline if service is not completed. The court had separately directed Biguvu to serve the defendant within 90 days after the summons was issued and warned that the claims could be dismissed for failure to prosecute if he did not serve the defendant or request more time.

The 90-day period ended on December 10, 2023. On December 15, the court ordered Biguvu to explain why the case should not be dismissed for failing to serve process on time. The opinion states that, as of January 3, 2024, the docket showed no indication that JP Morgan Chase & Co. had been served, and the defendant had not appeared.

Biguvu’s Response

On December 21, 2023, Biguvu emailed the Southern District of New York’s Pro Se Filing Office and Docketing Services. He said he mistakenly believed that the U.S. Marshals Service would serve the defendant on his behalf. He requested four additional weeks, during which he appeared to intend to serve the defendant or obtain representation to help him do so.

Ruling

The court found that an extension was warranted. It considered Biguvu’s self-represented status, his misunderstanding about service, his request for a reasonable extension, and his stated intent to pursue the case and obtain assistance with service. The court granted Biguvu’s request for an extension and required him to serve JP Morgan Chase & Co. no later than January 31, 2024.

The court also directed Biguvu to submit future correspondence either as a hard copy by mail or as a PDF attachment by email, rather than in the body of an email. The Clerk of Court was directed to mail Biguvu a copy of the order by first-class and certified mail.