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Other Statutory Actions | New York Eastern
Order on Motion to Compel
ORDER denying 27 : Pro se Plaintiff moved to compel Defendant Nassau County Department of Social Services ("Nassau County") to answer or otherwise respond to the Complaint. This request is denied because Plaintiff did not properly serve Defendant Nassau County with the summons and Complaint within the 90-day limit set by Rule 4(m) of the Federal Rules of Civil Procedure. See ECF No. 41 at 7 ("The remaining defendant, Nassau County Department of Social Services, has not been properly served with the summons and complaint and has not otherwise responded.").
Pursuant to Rule 4(m), a plaintiff is required to serve defendants within 90 days from the filing of the complaint. See Fed. R. Civ. P. 4(m). The Complaint in this case was filed on 09/23/2025. (ECF No. 1.) A summons was issued for Defendant Nassau County on 09/30/2025. (ECF No. 6). Plaintiff's last day to serve Nassau County with the summons and Complaint was 12/22/2025. On 10/06/2025, Plaintiff filed a certificate of service stating that she served Nassau County via certified mail. (See ECF No. 8.) This method of service does not comply with the Federal Rules for two reasons. First, under Federal Rule of Civil Procedure 4(c)(2), a party may not serve the summons and complaint themselves. Fed. R. Civ. P. 4(c)(2). Second, a party may not serve a local government agency by certified mail. Instead, the complaint must be served by delivering a copy of the summons and of the complaint: (1) to the agency's chief executive officer or (2) to the chair or clerk of the board of supervisors, clerk, attorney or treasurer of the county. Fed. R. Civ. P. 4(j); N.Y. C.P.L.R. § 311(a)(4). To date, Plaintiff has not properly served Nassau County using one of these methods and her time to do so has lapsed.
Accordingly, Plaintiff's motion to compel Nassau County to answer or otherwise respond to the Complaint at ECF No. 27 is denied. If Plaintiff amends her Complaint consistent with the Court's September 3, 2026 Order (ECF No. 41), she must comply with the service rules. Pro se Plaintiff consented to electronic notification of this Order. (See ECF No. 25.) So Ordered by Magistrate Judge Marcia M. Henry on 09/04/2026. (DAC)
Order on Motion for Extension of Time to File
ORDER granting 34 : By letter dated 02/27/2026, pro se Plaintiff requests that Defendant Brighter Tomorrows serve all future communications to her via email. This application is granted consistent with the Court's 12/19/2025 Order. (See 12/19/2025 Order.) Accordingly, Defendant Brighter Tomorrows shall serve all future communications to Plaintiff via email. Pro se Plaintiff consented to electronic notification of this Order. (See ECF No. 25.) So Ordered by Magistrate Judge Marcia M. Henry on 09/04/2026. (DAC)
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