Cooke v. Orange & Rockland, Utilities, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHARMAINE DM COOKE, Plaintiff, Civ. 5315 (PAE) -V- ORDER ORANGE & ROCKLAND UTILITIES, et ai., Defendants.

PAUL A. ENGELMAYER, United States District Judge: On July 11, 2024, plaintiff, pro se, filed this action against defendants. Dkt. 1 (complaint). The Court construes the complaint as asserting claims under the Copyright Act, 17 U.S.C. § 101, ef seg. By order dated August 8, 2024, the Court granted plaintiffs request to □ proceed in forma pauperis (“IFP”), that is, without prepayment of fees, Dkt. 4.

DISCUSSION 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 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).

To allow plaintiff to effect service on defendants (1) Orange & Rockland Utilities, Inc., (2) the Chief Executive Officer of Orange & Rockland Utilities, Inc.. and (3) Thomas Magee, through the U.S. Marshals Service, the Clerk of the Court is instructed to fill out a U.S. Marshals ‘Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that service be effected within 90 days of the date the complaint is filed, plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

Service Process Receipt and Return form (““USM-285 form”) for each defendant. The Clerk of the 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 defendants.

If the complaint 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).

Plaintiff must notify the Court in writing if her address changes, and the Court may dismiss the action if plaintiff fails to do so.

CONCLUSION The Clerk of the Court is respectfully directed to issue a summons for each defendant, compléte a USM-285 form with the address for each defendaiit, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of the Court is also directed to mail an information package to plaintiff.

Plaintiff may receive court documents by email by completing the Consent to Electronic Service Form?

SO ORDERED.

Dated: September 9, 2024 _ New York, New York Pam, p A Cnye Anan □ PAUL A. ENGELM AY ER United States District Judge fles!3021-05/Consent. Pro-Se- Eservice-form pat If plaintiff consents to receive documents by email, she will no longer receive court documents by regular mail.

SERVICE ADDRESS FOR EACH DEFENDANT 1. Orange & Rockland Utilities, Inc. Blue Hill Plaza Pearl River, NY 10965 2. CEO Orange & Rockland Utilities, Inc. Blue Hill Plaza Pearl River, NY 10965 3. Thomas Magee General Manager of Advanced Metering Infrastructure Consolidated Edison of New York, Inc. Irving Place, 18" Floor New York, N.Y. 10003