Cochran v. Lewis, McDonnell & Associates LLC
- Katherine Failla
- 1:24-cv-01534
- U.S. District Court · Southern District of New York
- 4
In Cochran v. Lewis, Judge Failla ordered service through the U.S. Marshals Service after Cochran received permission to proceed without prepaid fees.
Thomasina Tara Cochran, Lewis, McDonnell & Associates LLC, the Clerk of Court, and the United States Marshals Service. The order sets up service of the lawsuit on the defendant and explains Cochran's service deadline and address-notification obligation.
What happened
In Cochran v. Lewis, Thomasina Tara Cochran sued Lewis, McDonnell & Associates LLC, alleging violations of federal laws governing debt collection and credit reporting. She is representing herself and received permission to proceed without paying court fees in advance.
The court ordered the Clerk of Court to issue a summons, complete the service paperwork, and send the necessary documents to the U.S. Marshals Service so the defendant could be served. The court extended the service deadline to 90 days after the summons is issued and said Cochran should request more time if service is not completed by then.
Judge Katherine Polk Failla also ordered the Clerk to mail Cochran the order and an information package. The order did not decide whether the alleged debt-collection or credit-reporting violations occurred.
The detailed version
- Cochran v. Lewis, McDonnell & Associates LLC · No. 1:24-cv-01534
- Katherine Failla
- Mar. 12, 2024
Background
Thomasina Tara Cochran brought this action against Lewis, McDonnell & Associates LLC, alleging violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Cochran is proceeding without a lawyer. In an earlier order dated March 6, 2024, the court granted her permission to proceed without paying court fees in advance.
Service Order
Because Cochran was permitted to proceed without prepaying fees, the court stated that she could rely on the court and the United States Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a United States Marshals Service Process Receipt and Return form using the defendant's service address, issue a summons, and deliver the necessary paperwork to the Marshals Service.
The court explained that the usual 90-day period for serving a summons runs from the filing of the complaint, but Cochran could not serve the summons and complaint until the court reviewed the complaint and ordered that the summons be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Cochran should request an extension of time. The court also directed Cochran to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Disposition and Effect
Judge Katherine Polk Failla ordered the Clerk to issue the summons, prepare the service form, send the service materials to the United States Marshals Service, and mail Cochran a copy of the order and an information package. This order addressed service of process and did not decide the merits of Cochran's claims under the debt-collection or credit-reporting laws.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.