Chance v. U.S. Bancorp et al

Filing 8

ORDER OF SERVICE: The Clerk of Court is instructed to complete the USM-285 forms with the addresses for U.S. Bancorp, Andrew Cecere, Sean Hennessy, and Kimberly Frank and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff, together with an information package. (Signed by Judge Kenneth M. Karas on 11/18/2021) (ate) Transmission to Pro Se Assistants for processing.

Case 7:21-cv-04969-KMK Document 8 Filed 11/18/21 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TYVARIS S. CHANCE,
Plaintiff,
No. 21-CV-4969 (KMK)
v.
ORDER OF SERVICE
U.S. BANCORP, ANDREW CECERE,
SEAN HENNESSY, and KIMBERLY
FRANK,
Defendants.

KENNETH M. KARAS, United States District Judge:
Plaintiff Tyvaris S. Chance (Plaintiff”), proceeding pro se, brings this Action for
violation of the Fair Debt Collection Practices Act, violations of certain privacy and disclosure
protections codified in Title 15 of the U.S. Code, and identity theft. (See Compl. (Dkt. No. 2).)1
By order dated November 16, 2021, the Judge Swain granted Plaintiff’s request to proceed
without prepayment of fees, that is, in forma pauperis (“IFP”). (See Dkt. No. 6.)
I. Discussion
Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely
on the Court and the U.S. Marshals Service to effect service. See 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). Although Federal Rule of

While Plaintiff invokes the Court’s federal question jurisdiction, the Court also notes
that because Plaintiff and Defendants are citizens of different states, and Plaintiff seeks damages
in excess of $75,000, Plaintiff may also invoke the Court’s diversity jurisdiction. (See Compl.
(Dkt. No. 2).)
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Case 7:21-cv-04969-KMK Document 8 Filed 11/18/21 Page 2 of 4

Civil Procedure 4(m) generally requires that the summonses and complaint be served within 90
days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the
summonses and complaint until the Court reviewed the complaint and ordered that summonses
be issued. The Court therefore extends the time to serve until 90 days after the date summonses
are issued. If the complaint is not served within that time, 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); see also Murray v. Pataki,
378 F. App’x 50, 52 (2d Cir. 2010) (summary order) (“As long as the [plaintiff proceeding IFP]
provides the information necessary to identify the defendant, the Marshals’ failure to effect
service automatically constitutes ‘good cause’ for extension of time within the meaning of
Rule 4(m).”).
To allow Plaintiff to effect service on Defendants U.S. Bancorp, Andrew Cecere, Sean
Hennessy, and Kimberly Frank 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 each of these 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 these defendants.
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss the action if Plaintiff fails to do so.
II. Conclusion
The Clerk of Court is instructed to complete the USM-285 forms with the addresses for
U.S. Bancorp, Andrew Cecere, Sean Hennessy, and Kimberly Frank and deliver all documents
necessary to effect service to the U.S. Marshals Service.

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The Clerk of Court is further directed to mail a copy of this Order to Plaintiff, together
with an information package.

SO ORDERED.
Dated:

November 18, 2021
White Plains, New York

KENNETH M. KARAS
United States District Judge

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DEFENDANTS AND SERVICE ADDRESSES
U.S. Bancorp
5065 Wooster Road
Cincinnati, Ohio 45226
Andrew Cecere, CEO
5065 Wooster Road
Cincinnati, Ohio 45226
Sean Hennessy, Recovery Supervisor
5065 Wooster Road
Cincinnati, Ohio 45226
Kimberly Frank, Customer Advocacy Specialist
P.O. Box 3447
Oshkosh, Wisconsin 54903