Berry v. Experian Information Solutions, Inc. et al

Filing 7

ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for each Defendant, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 5/9/2024) (jca) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PATRICIA ANN BERRY,
Plaintiff,
-againstEXPERIAN INFORMATION SOLUTIONS,
INC; TRANSUNION, LLC; EQUIFAX
INFORMATION SERVICES, LLC; MERRICK
BANK CORPORATION; and CONTINENTAL
FINANCE COMPANY, LLC,

24-CV-3143 (JGLC)
ORDER OF SERVICE

Defendants.
JESSICA G. L. CLARKE, United States District Judge:
Plaintiff, who is appearing pro se, brings this action under the Fair Credit Reporting Act,
alleging that Defendants violated the Act. By order dated April 26, 2024, Chief Judge Laura
Taylor Swain granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without
prepayment of fees.
Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on
the assistance of the Court and the U.S. Marshals Service to effect service. 1 Walker v. Schult, 717
F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall
issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the
Marshals Service to serve if the plaintiff is authorized to proceed IFP)).

1

Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons
be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could
not have effected service until the Court reviewed the complaint and ordered that any
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
any summonses issue.

To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the
Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form
(“USM-285 form”) for Defendants. The Clerk of Court is further instructed to issue summonses
and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to
effect service upon Defendants.
If the complaint is not served within 90 days after the date summonses are issued,
Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63
(2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for
service).
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss the action if Plaintiff fails to do so.
CONCLUSION
The Clerk of Court is instructed to issue a summons for each Defendant, complete the
USM-285 form with the address for each Defendant, and deliver all documents necessary to
effect service to the U.S. Marshals Service.
The Clerk of Court is directed to mail an information package to Plaintiff.
SO ORDERED.
Dated:

May 9, 2024
New York, New York
JESSICA G. L. CLARKE
United States District Judge

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SERVICE ADDRESS FOR EACH DEFENDANT
Experian Information Solutions, Inc.
C T Corporation Systems, Registered Agent
28 Liberty Street, 42nd Floor
New York, NY 10005
Equifax Information Services, LLC
Corporation Service Company, Registered Agent
80 State Street
Albany, NY 12207
TransUnion, LLC
Corporation Service Company, Registered Agent
80 State Street
Albany, NY 12207
Merrick Bank Corporation
10705 S. Jordan Gateway #200
South Jordan, UT 84095
Continental Finance Company
4550 Linden Hill Rd Ste 400
Wilmington, DE 19808-2952