The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JASMINE L. BROWN,
Plaintiff,
-v.-
25 Civ. 10545 (KPF)
NEW YORK
ORDER OF SERVICE
PRESBYTERIAN/LAWRENCE
HOSPITAL; 1199 SEIU BENEFIT AND
PENSION FUNDS,
Defendants.
KATHERINE POLK FAILLA, District Judge:
Plaintiff filed this complaint pro se. By order dated December 23, 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)).
1Although Rule 4(m) of the Federal Rules of Civil Procedure generally
requires that summonses 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 Defendants through the U.S.
Marshals Service, the Clerk of Court is instructed to fill out U.S. Marshals
Service Process Receipt and Return forms (“USM-285 form”) for Defendants.
The Clerk of 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) (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 summonses for Defendants the
New York Presbyterian/Lawrence Hospital and 1199 SEIU Benefit and Pension
Fund (“1199”), complete USM-285 forms with the address for each Defendant,
and deliver all documents necessary to effect service to the U.S. Marshals
Service.
The Clerk of Court is further directed to mail an information package to
Plaintiff.
Plaintiff may receive court documents by email by completing a Consent
to Electronic Service form.2
SO ORDERED.
Dated: March 25, 2026
New York, New York
KATHERINE POLK FAILLA
United States District Judge
2 If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court
documents by regular mail.
SERVICE ADDRESS FOR EACH DEFENDANT
1199 SEIU Benefit and Pension Fund
488 Seventh Avenue
New York, N.Y. 10018-0009
New York Presbyterian/Lawrence Hospital
55 Palmer Road
Bronxville, N.Y. 10550