McGillvary v. Rolling Stone, LLC
- Ho
- 1:23-cv-10428
- U.S. District Court · Southern District of New York
- 3
In McGillvary v. Rolling Stone, LLC, Judge Ho ordered U.S. Marshals to serve defendants after McGillvary received permission to proceed without prepaying fees.
Caleb L. McGillvary, the named defendants Rolling Stone, LLC, Marlow Stern, and Wenner Media, LLC, and the Clerk of Court and U.S. Marshals Service responsible for service.
What happened
In McGillvary v. Rolling Stone, LLC, Caleb L. McGillvary, who is representing himself, sued Rolling Stone, LLC, Marlow Stern, and Wenner Media, LLC, alleging defamation, invasion of privacy, and intentional infliction of emotional distress. The court had already granted him permission to proceed without prepaying filing fees.
Because McGillvary received that permission, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses, prepare service forms, and send the necessary papers to the Marshals Service.
Judge Dale E. Ho ordered the Clerk to arrange service and mail McGillvary an information package. The order states that service must occur within 90 days after the summonses are issued, and that McGillvary should request more time if service is not completed by then.
The detailed version
- McGillvary v. Rolling Stone, LLC · No. 1:23-cv-10428
- Ho
- Jan. 12, 2024
Background
Caleb L. McGillvary, identified in the caption as also known as “Kai the Hitchhiker,” brought the action without a lawyer under the court’s diversity jurisdiction. The opinion states that he was incarcerated at New Jersey State Prison in Trenton, New Jersey. He asserted claims for defamation, invasion of privacy, and intentional infliction of emotional distress against Rolling Stone, LLC; Marlow Stern; and Wenner Media, LLC.
The court had granted McGillvary permission to proceed without prepaying filing fees. The order explains that prisoners still must pay the full filing fee over time, even when granted this permission.
Service of the Defendants
Because McGillvary was authorized to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court therefore directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service.
The order lists service addresses for Rolling Stone, LLC; Marlow Stern; and Wenner Media, LLC. It also explains that the usual 90-day service period runs from the date the summonses are issued in this situation, because McGillvary could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued.
Ruling and Instructions
Judge Dale E. Ho ordered the Clerk of Court to issue the summonses, complete the service forms with the defendants’ addresses, and deliver the documents needed for service to the U.S. Marshals Service. The Clerk was also directed to mail McGillvary an information package. The order states that, if the complaint is not served within 90 days after the summonses are issued, McGillvary should request an extension of time. It also requires him to notify the court in writing if his address changes and warns that the court may dismiss the action if he does not do so.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.