Kevett Carroll v. TransUnion Consumer Solutions
Kevett Carroll v. TransUnion Consumer Solutions
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ESTELLE KEVETT CARROLL, Plaintiff, 25 Civ. 4977 (KPF) v. ORDER OF SERVICE TRANSUNION CONSUMER SOLUTIONS, Defendant. KATHERINE POLK FAILLA, District Judge: Plaintiff, who is appearing pro se, brings this action under the Fair Credit Reporting Act (FCRA),
15 U.S.C. §§ 1681-1681x. By order dated June 24, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, she is entitled to assistance from 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)).
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. To allow Plaintiff to effect service on Defendant Transunion Consumer Solutions 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 and deliver to the Marshals Service all of 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 issues, 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 plaintiffs responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is directed to mail an information package to Plaintiff. The Clerk of Court is further instructed to issue a summons for Defendant TransUnion Consumer Solutions, complete the USM-285 form with the address for Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. Pe ee aac Wn Pal Fle KATHERINE POLK FAILLA United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
Transunion Consumer Solutions Office of General Counsel 555 W. Adams St. Chicago, IL 60661
Reference
- Status
- Unknown