Obah v. Equiliem Company
- James Oetken
- 1:23-cv-09600
- U.S. District Court · Southern District of New York
- 3
In Obah v. Equiliem Company, Judge Oetken ordered service on Equiliem at a new address after failed service and denied IFP status for an appeal.
Patrick C. Obah, Equiliem Company, Ryan Persichilli, the Clerk of Court, and the U.S. Marshals Service. The order primarily affects service of process on Equiliem Company and Obah's ability to appeal this order without paying fees.
What happened
In Obah v. Equiliem Company, Patrick C. Obah, representing himself, was allowed to proceed without paying the filing fee. The U.S. Marshals Service could not serve Equiliem Company or Ryan Persichilli at the address originally provided because the listed floor was vacant.
The court directed the Clerk to issue a new summons and prepare service paperwork for Equiliem Company at an East Brunswick, New Jersey, address. The court extended the service deadline to 90 days after the new summons is issued and said Obah should request more time if service is not completed by then.
Judge James Oetken also ruled that any appeal from this order would not be taken in good faith and denied Obah permission to proceed without paying fees for an appeal. The order did not decide the underlying claims.
The detailed version
- Obah v. Equiliem Company · No. 1:23-cv-09600
- James Oetken
- Apr. 2, 2024
Background
Patrick C. Obah brought the action without a lawyer. The court had previously allowed him to proceed without paying the filing fee, which required the U.S. Marshals Service to serve the defendants. The Marshals Service returned its service form without completing service because the address provided for Equiliem Company and Ryan Persichilli listed an 11th floor that was vacant.
The court had notified Obah of the failed service and asked him to provide new addresses. Obah responded that the original address was still in use. The court stated that public information listed Equiliem Company at 25 Kennedy Blvd., East Brunswick, New Jersey 08816. The opinion also noted that Obah might be able to obtain an address for Ryan Persichilli from Equiliem after Equiliem is served.
Order
The court directed the Clerk of Court to issue a new summons for Equiliem Company, complete a U.S. Marshals Service service form with Equiliem's address, and give the Marshals Service the documents needed to serve Equiliem. The court extended the time for service until 90 days after the new summons is issued. It stated that Obah should request an extension if the complaint is not served within that period.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The order addressed service and appeal-fee status; it did not resolve the underlying claims against the defendants.
Disposition
Judge J. Paul Oetken ordered new service materials for Equiliem Company and extended the service deadline as described above. The court denied fee-free appeal status for an appeal from the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.