Pettigrew v. LVNV Funding LLC et al

Filing 7

ORDER OF SERVICE: To allow Mr. Pettigrew to effect service on LVNV and Resurgent through the U.S. Marshals, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return Form ("USM-285 Form") for thos e Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the U.S. Marshals all the paperwork necessary for the U.S. Marshals to effect service upon LVNV and Resurgent If the Complaint is not served within 90 days aft er the date the summonses are issued, Mr. Pettigrew should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is plaintiffs responsibility to request an extension of time for service). Moreover, Mr. Pettigrew must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. The Clerk of Court is instructed to (i) complete the USM-285 Form with the addresses for LVNV and Resurgen t below and deliver to the U.S. Marshals all documents necessary to effect service, and (ii) mail an information package and a copy of this Order to Mr. Pettigrew. Mr. Pettigrew may receive Court documents by email by completing the attached form, Consent to Electronic Service. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 3/10/25) (yv) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ISAAC PETTIGREW,
Plaintiff,
-v-

CIVIL ACTION NO. 25 Civ. 1539 (JPC) (SLC)

LVNV FUNDING LLC, et al.,

ORDER OF SERVICE
Defendants.

SARAH L. CAVE, United States Magistrate Judge.
Plaintiff Isaac Pettigrew (“Mr. Pettigrew”), who is appearing pro se, brings this action
under the Fair Credit Reporting Act, 15 U.S.C. § 1681; the Fair Debt Collection Practices Act,
15 U.S.C. § 1692; and New York General Business Law § 349, alleging that Defendants LVNV
Funding LLC (“LVNV”) and Resurgent Capital Services LP (“Resurgent”) reported inaccurate
information to credit agencies and thereafter (1) failed to conduct reasonable investigations of
Mr. Pettigrew’s disputes or (2) update, block, or delete the disputed entries on Mr. Pettigrew’s
credit reports. (See generally ECF No. 1). On March 3, 2025, the Court granted Mr. Pettigrew’s
request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.
Because Mr. Pettigrew has been granted permission to proceed IFP, he is entitled to rely
on the Court and the United States Marshals Service (the “U.S. Marshals”) 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) (“[t]he officers
of the court shall issue and serve all process . . . in [IFP] cases”); Fed. R. Civ. P. 4(c)(3) (instructing

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, here, the Court extends the time to serve until 90 days
after the date the summons is issued.

that the court “must” order the U.S. Marshals to effect service “if the plaintiff is authorized to
proceed [IFP]”).
To allow Mr. Pettigrew to effect service on LVNV and Resurgent through the U.S. Marshals,
the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return Form
(“USM-285 Form”) for those Defendants. The Clerk of Court is further instructed to issue
summonses and deliver to the U.S. Marshals all the paperwork necessary for the U.S. Marshals
to effect service upon LVNV and Resurgent
If the Complaint is not served within 90 days after the date the summonses are issued,
Mr. Pettigrew should request an extension of time for service. See Meilleur v. Strong, 682 F.3d
56, 63 (2d Cir. 2012) (holding that it is plaintiff’s responsibility to request an extension of time for
service). Moreover, Mr. Pettigrew must notify the Court in writing if his address changes, and the
Court may dismiss the action if he fails to do so.
The Clerk of Court is instructed to (i) complete the USM-285 Form with the addresses for
LVNV and Resurgent below and deliver to the U.S. Marshals all documents necessary to effect
service, and (ii) mail an information package and a copy of this Order to Mr. Pettigrew. Mr.
Pettigrew may receive Court documents by email by completing the attached form, Consent to
Electronic Service.2
Dated:

New York, New York
March 10, 2025

SO ORDERED.

2

If Mr. Pettigrew consents to receive documents by email, he will no longer receive Court documents by
regular mail.
2

3

DEFENDANTS AND SERVICE ADDRESSES
LVNV Funding LLC
355 S Main St., Suite 300-D
Greenville, SC 29601-2923
Resurgent Capital Services
55 Beattie Place, Suite 110
Greenville, SC 29601-5115