Harris v. Apollo Global Management, Inc.
Harris v. Apollo Global Management, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT USDC-SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT
eee DATE FILED: |/21/ 7°
-v- APOLLO GLOBAL MANAGEMENT, INC., ORDER OF SERVICE Defendant. RONNIE ABRAMS, United States District Judge: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form (“USM-285 form”). Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for the Defendant and return that form to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to him. If within thirty days, Plaintiff has not returned the USM-285 form or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant. No matter what method of service Plaintiff chooses, he must effect service within 120 days of the date the summons is issued. It is Plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension
of time for service. See Meilleur v. Strong,
682 F.3d 56, 63(2d Cir. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiff’s obligation to promptly submit a written notification to the Court if Plaintiff’s address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. Dated: January 21, 2020 New York, New York | ola —— United States District Judge
Reference
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