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S.D.N.Y.Procedural orderFiled Apr. 1, 2024

Delgado v. Sonnen

Judge
Willis
Docket
1:24-cv-01690
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Delgado v. Sonnen, Judge Willis ordered Marshals service for Delgado’s defendants because she was allowed to proceed without paying fees.

Who this affects

Arlene Delgado and the defendants Chael Sonnen, Andrew Schulz, and AlexxMedia; the Clerk of Court and U.S. Marshals Service were directed to take service-related actions.

What happened

In Delgado v. Sonnen, Arlene Delgado, who is representing herself, brought state-law defamation claims against Chael Sonnen, Andrew Schulz, and AlexxMedia. Chief Judge Laura Taylor Swain had allowed Delgado to proceed without paying court fees.

Because Delgado received that permission, the court directed the Clerk of Court to issue summonses, complete service forms with the defendants’ addresses, and send the necessary papers to the U.S. Marshals Service. The Marshals Service will handle service for Delgado.

The order requires service within 90 days after the summonses are issued, although Delgado may request more time. Judge Jennifer E. Willis also directed the Clerk to mail Delgado an information package and warned that the case could be dismissed if Delgado does not notify the court of an address change. The order did not decide whether Delgado’s defamation claims are valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Delgado v. Sonnen · No. 1:24-cv-01690
Judge
Willis
Date
Apr. 1, 2024

Background

Arlene Delgado, who is proceeding without a lawyer, filed state-law defamation claims against Chael Sonnen, Andrew Schulz, and AlexxMedia. On March 12, 2024, Chief Judge Laura Taylor Swain granted Delgado permission to proceed without prepaying court fees.

Service of the Complaint

Because Delgado was allowed to proceed without prepaying fees, federal law permits her to rely on the court and the U.S. Marshals Service to serve the defendants. Judge Jennifer E. Willis 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 documents needed for the Marshals Service to serve Sonnen, Schulz, and AlexxMedia.

The order states that service must occur within 90 days after the summonses are issued. If service is not completed by then, Delgado should request an extension of time. Delgado must also notify the court in writing if the address used for court communications changes; the court may dismiss the action if she fails to do so.

Disposition and Scope

The court entered an order directing service and related administrative steps. It did not rule on the merits of Delgado’s defamation claims or determine whether the defendants are liable. The Clerk was also directed to mail Delgado an information package.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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