Bal v. U.S. Department of the Treasury ( 2022 )

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 1/4/20 22 JOHN BAL, Plaintiff, -against- U.S. DEPARTMENT OF THE TREASURY’S OFFICE OF FOREIGN ASSETS CONTROL; JASON E. PRINCE, Chief Counsel, Office of Foreign Assets 1:21-cv-04702 Control; MARSHALL FIELDS, Assistant ORDER OF SERVICE Director, Office of Foreign Asset Control; CHARLES BISHOP; Sanctions Coordinator, Office of Foreign Assets Control; PAYPAL, INC.; ROBERT HURST, Paypal Compliance Transaction Officer, and “JOHN DOE,” an Executive or Agent of PayPal, Defendants. MARY KAY VYSKOCIL, United States District Judge: By order dated June 4, 2021, the Court granted Plaintiff leave to proceed in forma pauperis (“IFP”). 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. 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)). Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that the summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and amended complaint until the Court reviewed the amended complaint and ordered that a summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the amended complaint is not served within that time, 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); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”). To allow Plaintiff to effect service on Defendants United States Department of the Treasury Office of Foreign Assets Control, Jason E. Prince, Marshall Fields, and Charles Bishop 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 these defendants. The Clerk of Court is further instructed to (1) mark the box on the USM-285 forms labeled “Check for service on U.S.A.”; (2) issue a summons; and (3) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. To allow Plaintiff to effect service on Defendants Paypal, Inc. and Robert Hurst 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 these defendants. The Clerk of Court is further instructed to (1) issue a summons; and (2) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. SO ORDERED. | i / lene Date: January 3, 2022 etic ell New York, NY United States District Judge DEFENDANTS AND SERVICE ADDRESSES United States Department of the Treasury Office of Foreign Assets Control 1500 Pennsylvania Avenue N.W. Washington, D.C. 20220 Jason E. Prince, OFAC Chief Counsel United States Department of the Treasury 1500 Pennsylvania Avenue Washington, D.C. 20220 Marshall Fields, OFAC Assistant Director United States Department of the Treasury 1500 Pennsylvania Avenue Washington, D.C. 20220 Charles Bishop, OFAC Sanctions Coordinator United States Department of the Treasury 1500 Pennsylvania Avenue Washington, D.C. 20220 PayPal, Inc. 2211 N 1st Street San Jose, California 95131 Robert “Bob” Hurst, Compliance Transaction Coordinator PayPal, Inc. 7700 Eastport Parkway La Vista, Nebraska 68128