Parolise v. Portfolio Recovery Associates, LLC
- Gregory Woods
- 1:24-cv-01382
- U.S. District Court · Southern District of New York
- 3
In Parolise v. Portfolio Recovery Associates, LLC, Judge Parker ordered U.S. Marshals service of the petition.
Marilena C. Parolise, Portfolio Recovery Associates, LLC, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Parolise v. Portfolio Recovery Associates, LLC, Marilena C. Parolise filed an amended petition seeking to set aside an arbitration award in favor of Portfolio Recovery Associates, LLC. She is representing herself and was permitted to proceed without paying court fees in advance.
Because Parolise was permitted to proceed without paying fees in advance, the court said the U.S. Marshals Service must serve the respondent. The court instructed the Clerk of Court to issue a summons, complete the required service form, and send the necessary papers to the Marshals Service.
The court ordered service and set a 90-day period beginning when the summons is issued. Magistrate Judge Katharine H. Parker also instructed Parolise to request more time if service is not completed and to notify the court of any address change.
The detailed version
- Parolise v. Portfolio Recovery Associates, LLC · No. 1:24-cv-01382
- Gregory Woods
- Mar. 15, 2024
Background
Marilena C. Parolise, appearing without a lawyer, filed an amended petition under the Federal Arbitration Act seeking to vacate, or set aside, a November 28, 2023 arbitration award in favor of Portfolio Recovery Associates, LLC. The amended petition was the operative pleading. The court had previously granted Parolise permission to proceed without prepaying filing fees.
Service of Process
Because Parolise was permitted to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Portfolio Recovery Associates, LLC. The court instructed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with the respondent’s address, and deliver the necessary documents to the Marshals Service.
Instructions and Disposition
The court extended the service deadline so that it runs for 90 days after the summons is issued. If service is not completed within that period, Parolise should ask for an extension. She must also notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so.
The order directed the Clerk of Court to issue the summons, complete the service form, provide the documents to the Marshals Service, and mail Parolise an information package. The order addressed service only and did not decide whether the arbitration award should be vacated.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.