Berry v. Experian Information Solutions, Inc.
- Clarke
- 1:24-cv-03143
- U.S. District Court · Southern District of New York
- 3
In Berry v. Experian, Judge Clarke ordered the Clerk and U.S. Marshals Service to issue and serve summonses after Berry received permission to proceed without paying fees.
Patricia Ann Berry and the five named defendants; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendants.
What happened
Berry v. Experian Information Solutions, Inc. is a Fair Credit Reporting Act case brought by Patricia Ann Berry against Experian Information Solutions, Inc., TransUnion, LLC, Equifax Information Services, LLC, Merrick Bank Corporation, and Continental Finance Company, LLC. Berry is representing herself and alleges that the defendants violated the Act.
Chief Judge Laura Taylor Swain had allowed Berry to proceed without prepaying court fees. Because of that permission, the court said Berry could use the Clerk of Court and the U.S. Marshals Service to serve the defendants.
Judge Jessica G. L. Clarke ordered the Clerk to issue summonses, complete service forms, and provide the necessary papers to the U.S. Marshals Service. The order also extended the service deadline to 90 days after summonses are issued and did not decide whether Berry’s Fair Credit Reporting Act claims have merit.
The detailed version
- Berry v. Experian Information Solutions, Inc. · No. 1:24-cv-03143
- Clarke
- May 9, 2024
Background
Patricia Ann Berry brings this action under the Fair Credit Reporting Act against Experian Information Solutions, Inc.; TransUnion, LLC; Equifax Information Services, LLC; Merrick Bank Corporation; and Continental Finance Company, LLC. The opinion states that Berry is appearing without a lawyer and alleges that the defendants violated the Act.
Chief Judge Laura Taylor Swain previously granted Berry permission to proceed without prepaying court fees. The court explained that a plaintiff proceeding under that permission may rely on the court and the U.S. Marshals Service to serve the defendants.
Order
The Clerk of Court was instructed to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form with each defendant’s address, and deliver the necessary paperwork to the Marshals Service so it could serve the defendants. The Clerk was also directed to mail Berry an information package.
The order states that service must occur within 90 days after the summonses are issued. If service is not completed by then, Berry should request an extension of time. Berry must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.
Disposition and Scope
Judge Jessica G. L. Clarke entered an order concerning service of process. The opinion does not decide the merits of Berry’s Fair Credit Reporting Act allegations or any defenses by the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.