Lewis v. State Farm
- Philip Halpern
- 7:23-cv-08089
- U.S. District Court · Southern District of New York
- 4
In Lewis v. State Farm, Judge Halpern ordered U.S. Marshals to serve the defendants after Regina Lewis was allowed to proceed without paying fees.
Regina Lewis, State Farm, and John W. Owens are affected by the service instructions. The Clerk of Court and U.S. Marshals Service must carry out the ordered service steps, and Lewis must monitor the service deadline and notify the court of any address change.
What happened
In Lewis v. State Farm, Regina Lewis sued State Farm and John W. Owens for $1 million in damages. She is representing herself and was allowed to proceed without paying court fees.
Because Lewis is proceeding without paying fees, the court directed the Clerk of Court to issue summonses and provide the paperwork needed for the U.S. Marshals Service to serve State Farm and Owens. The court extended the service deadline to 90 days after the summonses are issued and told Lewis to request more time if service is not completed.
Judge Philip M. Halpern also instructed Lewis to notify the court if her address changes and stated that an appeal from this order would not qualify for fee-free status. The order did not decide the merits of Lewis’s damages claim.
The detailed version
- Lewis v. State Farm · No. 7:23-cv-08089
- Philip Halpern
- Mar. 22, 2024
Background
Regina Lewis brought this action against State Farm and John W. Owens. The opinion states that she seeks $1,000,000 in damages and is proceeding without a lawyer. In an order dated March 22, 2024, the court granted Lewis permission to file the action in this court and allowed her to proceed without prepaying court fees.
Service of the Defendants
Because Lewis was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to issue summonses for State Farm and John W. Owens, complete the required U.S. Marshals Service forms with the defendants’ addresses, and send the necessary papers to the Marshals Service.
The court explained that service generally must occur within 90 days after the complaint is filed, but Lewis could not serve the summonses and complaint until the court reviewed the complaint and ordered the summonses issued. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed by then, Lewis should request an extension of time. The court also directed Lewis to notify it in writing if her address changes and stated that the action could be dismissed if she fails to do so.
Other Instructions and Disposition
The Clerk was instructed to send Lewis an information package. The court also provided a form through which she could consent to receive court documents by email; the opinion states that doing so would end regular-mail delivery.
Judge Philip M. Halpern certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order addressed service and related filing matters; it did not decide whether Lewis is entitled to damages or otherwise resolve the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.