Scott Michaels v. United States Patent and Trademark Office et al.

District Court, S.D. New York

Scott Michaels v. United States Patent and Trademark Office et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Scott Michaels, Plaintiff, 1:25-cv-07019 (RA) (SDA) -against- ORDER OF SERVICE United States Patent and Trademark Office et al., Defendants. STEWART D. AARON, United States Magistrate Judge: Plaintiff, a British citizen who is appearing pro se, brings this action asserting federal law claims against the United States Patent and Trademark Office (“USPTO”) and Kathi Vidal, in her official capacity as director of the USPTO.1 By order dated August 27, 2025, Chief District Judge 0F Swain 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, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult,

717 F.3d. 119

, 123 n.6 (2d 1F Cir. 2013); see also

28 U.S.C. § 1915

(d) (“The officers of the court shall issue and serve all process

1 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes current director of the USPTO, John A. Squires, in place of Kathi Vidal. See Fed. R. Civ. P. 25(d). The Clerk of Court is respectfully requested to update the caption of the ECF docket. 2Although 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. ... 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)). The Clerk of Court is instructed to: (1) mark the box on the USM-285 form labeled “Check for service on U.S.A.”; and (2) issue a summons and deliver to the Marshals Service a copy of this Order and all other paperwork necessary for the Marshals Service to effect service on the United States. Plaintiff is advised that he may receive court documents by email by completing the form, Consent to Electronic Service.? The Clerk of Court is respectfully requested to mail an information package to Plaintiff. SO ORDERED. Dated: New York, New York September 26, 2025 irr a. Carr STEWART D. AARON United States Magistrate Judge

3 |f Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

SERVICE ADDRESSES FOR DEFENDANTS 1. Office of the General Counsel United States Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313 2. Civil Process Clerk United States Attorney’s Office Southern District of New York 86 Chambers Street, 3rd Floor New York, NY 10007 3. Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530

Reference

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