Stephen v. Hall

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARYL STEPHEN, Plaintiff, 19-CV-2225 (JPO) (VF) -against- VALENTIN ORDER TERRY HALL and DAVID JAKAB d/b/a DAVID JAKAB BAIL BONDS, Defendants.

VALERIE FIGUEREDO, United States Magistrate Judge: Pursuant to the Second Circuit’s guidance in Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), on October 11, 2022, this Court issued an Order directing counsel for Defendant David Jakab’s business, David Jakab Bail Bonds LLC, under Valentin, to ascertain and provide Plaintiff Daryl Stephen (who is proceeding pro se and in forma pauperis) and the Court with an address or addresses where Defendants Jakab and Terry Hall can be served. See ECF No. 52.1 On October 12, 2022 a copy of the Order and Plaintiff’s Third Amended Complaint (ECF No. 33) was mailed to 5 Centre St, Hempstead, NY 11550 (which appeared to be a location of Defendant Jakab’s business), but on October 31, 2022, the mailed notice was returned to the court, noting it was “unable to [be] forward[ed].” In light of Plaintiff’s pro se status, the Court will assist Plaintiff with one final attempt to identify the service addresses of Defendants Jakab and Hall by directing the Clerk of Court to mail this Order to the alternative address for David Jakab Bail Bonds LLC provided below.

1 The Valentin Order at ECF No. 52 contains a summary of the relevant procedural history and actions taken to date to effect service on Defendants.

Counsel for David Jakab Bail Bonds LLC is directed, to the extent he or she is able, to ascertain the address or addresses where Terry Hall and David Jakab may be served. Counsel is directed to provide this information to Plaintiff and the Court within 60 days of the date of this order. Once addresses for Hall and Jakab are received, the Court will issue an order directing the Clerk of Court to complete United State Marshals Service Process Receipt and Return forms (USM-285 forms) with those addresses and to deliver to the U.S. Marshals Service all documents necessary to effect service on Hall and Jakab.

CONCLUSION The Clerk of Court is directed to mail a copy of this Order and the Third Amended Complaint (ECF No. 33) to David Jakab Bail Bonds LLC, at: 6277 Carolina Commons Drive, Indian Land, South Carolina 29707, Ste 600 #326. Counsel for David Jakab Bail Bonds LLC is directed to provide service addresses for Defendants Jakab and Hall within 60 days of the date of this order. The Clerk of Court is directed to terminate the motions at ECF Nos. 47 and 49.

SO ORDERED.

Dated: November 2, 2022 New York, New York \ \) VALERIE FIGUEREDO United States Magistrate Judge Copies to: Daryl Stephen 1316 Sterling Place Apt. IR Brooklyn, NY 11213 David Jakab Bail Bonds 6277 Carolina Commons Drive Indian Land, SC 29707 Ste 600 #326