Sun v. Mo et al

Filing 29

ORDER OF SERVICE: For the reasons discussed above, the Court hereby DIRECTS SERVICE on Detective Bryan Trockel and Detective Bruno Vidal. The Court further directs the Clerk of Court to: [i] issue summonses for Detective Bryan Trockel and Detec tive Bruno Vidal; [ii] complete USM-285 forms with the service addresses of each of these defendants; and [iii] deliver all documents necessary to effect service of the summonses and the Amended Complaint (Dkt. #4) on these defendants to the USMS. The Court also directs the Clerk of Court to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/24/2024) (sgz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YI SUN,
Plaintiff,
-v.HUGH H. MO; TSAI CHUNG CHAO; MAYOR ERIC
LEROY ADAMS; THE LAW FIRM OF HUGH H.
MO, P.C.; LI DA SUN; THE TOP ASIAN
UNIFORMED NYPD OFFICERS, WHO ARE
MEMBERS OF THE NYPD ASIAN-AMERICAN
POLICE EXECUTIVES COUNCIL, AAPEX;
NATURO-MEDICAL HEALTH CARE, P.C.; THE
CITY OF NEW YORK; DET. STEVEN MATTHEWS;
DET. BRYAN TROCKEL; DET. BRUNO VIDAL;
SAM TSANG; DETECTIVE OR SUPERVISOR IN 72
PRECINCT; and LIEUTENANT TIMOTHY CAI,

24 Civ. 3630 (KPF)
ORDER OF SERVICE

Defendants.
KATHERINE POLK FAILLA, District Judge:
Because Plaintiff has been granted permission to proceed IFP, she is
entitled to rely on assistance from the Court and the United States Marshals
Service (“USMS”) to effect service. 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).
To allow Plaintiff to effect service on Detective Trockel and Detective Vidal
through the USMS, the Clerk of Court is instructed to fill out a USMS Process
Receipt and Return form (“USM-285 form”) for each of these defendants. The
Clerk of Court is further instructed to issue summonses for these defendants

and deliver to the USMS all the paperwork necessary for the USMS to effect
service upon these defendants.
If the Amended Complaint (Dkt. #4) 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 her address changes, and the
Court may dismiss the action if Plaintiff fails to do so.
For the reasons discussed above, the Court hereby DIRECTS SERVICE
on Detective Bryan Trockel and Detective Bruno Vidal.
The Court further directs the Clerk of Court to: [i] issue summonses for
Detective Bryan Trockel and Detective Bruno Vidal; [ii] complete USM-285
forms with the service addresses of each of these defendants; and [iii] deliver all
documents necessary to effect service of the summonses and the Amended
Complaint (Dkt. #4) on these defendants to the USMS.
The Court also directs the Clerk of Court to mail a copy of this Order to
Plaintiff.
SO ORDERED.
Dated: September 24, 2024
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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SERVICE ADDRESS FOR EACH DEFENDANT
Detective Bryan Trockel
1 Police Plaza Path
Room 110 C
New York, New York 10038
Detective Bruno Vidal
1 Police Plaza Path
Room 110 C
New York, New York 10038

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