Mongiello v. Indymac Bank, F.S.B.
- Kenneth Karas
- 7:24-cv-02290
- U.S. District Court · Southern District of New York
- 4
In Mongiello v. Indymac Bank, Judge Karas ordered service through the Marshals Service and extended the service deadline for the pro se plaintiff.
Christopher M. Mongiello, Indymac Bank F.S.B., and Shellpoint Mortgage Servicing, LLC; the Clerk of Court and U.S. Marshals Service were also directed to take service-related actions.
What happened
Mongiello v. Indymac Bank concerns Christopher M. Mongiello’s claims under the Real Estate Settlement Procedures Act and New York law involving real property in New Rochelle, New York. He is representing himself and had already received permission to proceed without paying court fees in advance.
The court instructed the Clerk of Court to issue summonses, complete service forms, and send the necessary documents to the U.S. Marshals Service so the Marshals can serve Indymac Bank F.S.B. and Shellpoint Mortgage Servicing, LLC. The court extended the service deadline to 90 days after the summonses are issued. Mongiello must ask for more time if service is not completed by then and must notify the court of any address change.
Judge Kenneth M. Karas directed the Clerk to mail Mongiello an information package and carry out the service instructions. The court also denied permission to proceed without paying fees for any appeal from this order, stating that such an appeal would not be taken in good faith. The order did not decide the merits of Mongiello’s claims.
The detailed version
- Mongiello v. Indymac Bank, F.S.B. · No. 7:24-cv-02290
- Kenneth Karas
- Apr. 17, 2024
Background
Christopher M. Mongiello, who is representing himself, brought claims under the Real Estate Settlement Procedures Act and New York Real Property Actions and Proceedings Law § 1501 concerning real property in New Rochelle, New York. Chief Judge Swain had previously granted Mongiello permission to proceed without prepaying court fees.
Service of process
Because Mongiello was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Indymac Bank F.S.B. and Shellpoint Mortgage Servicing, LLC, issue summonses, and deliver the necessary paperwork to the Marshals Service.
The court extended the time for service until 90 days after the summonses are issued. If the complaint is not served within that period, Mongiello should request an extension of time. The court also stated that Mongiello must notify the court in writing if his address changes and that the action may be dismissed if he does not do so.
Other rulings and result
Judge Kenneth M. Karas directed the Clerk to mail Mongiello an information package and to complete the service-related instructions. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide whether Mongiello’s underlying claims are legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.