Darelus v. Aidvantage
Darelus v. Aidvantage
Trial Court Opinion
UNITED STATES DISTRICT COURT U D S O D C C U M SD E N N Y T SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: CATHERINE DARELUS, DATE FILED: 6/30/ 2025 Plaintiff, 25-cv-4264 (MKV) -against- ORDER OF SERVICE AIDVANTAGE – FEDERAL STUDENT AID LOAN SERVICING, Defendant. MARY KAY VYSKOCIL, United States District Judge: Plaintiff, who is appearing pro se, brings this action against her federal student loan servicing company, Aidvantage. By order dated May 22, 2025, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on the Court and the U.S. Marshals Service 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) (“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). To allow Plaintiff to effect service on Defendant 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 Defendant. The Clerk of Court is further instructed to issue a summons 1Although 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, 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. and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant. If the complaint is not served within 90 days after the date the summons is issued, 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). 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 Court is instructed to issue a summons for Defendant, complete the USM- 285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: June 30, 2025 New York, New York / (/ ‘ we Kav sq United States District Judge
SERVICE ADDRESSES FOR DEFENDANT
Aidvantage P.O. Box 4450 Portland, OR 97208-4450 Aidvantrage P.O. Box 300001 Greenville, TX 75403-3001 Aidvantage 1891 Metro Center Dr. Reston, VA 20190
Reference
- Status
- Unknown