Order — Athens v. Bank of America (Dkt. 16, D.N.H.)

Summary

An order filed October 13, 2021 as Document 16 in Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz, Case No. 21-cv-748-SM, in the U.S. District Court for the District of New Hampshire. The order states that the U.S. Marshals Service attempted, unsuccessfully, to serve the defendants on October 6, 2021 at the address given in the plaintiff's summonses, and that the defendants could not be served at that address. It directs the clerk's office to mail two blank summonses to Athens and directs Athens to file them with updated contact information within fourteen days. The defendants are to answer or otherwise plead within twenty-one days of service under Fed. R. Civ. P. 12(a)(1)(A). The signature block names United States Magistrate Judge Andrea K. Johnstone.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

        Case 1:21-cv-00748-SM Document 16 Filed 10/13/21 Page 1 of 2


                      UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF NEW HAMPSHIRE


Natasha Athens d/b/a
Favorite Things

        v.                                        Case No. 21-cv-748-SM

Bank of America and
Megan Scholz


                                  ORDER


     Pro se plaintiff Natasha Athens, d/b/a Favorite Things,

proceeding in forma pauperis, has sued Bank of America (“BOA”)

and BOA Vice President Megan Scholz.        Ms. Athens contends that

the defendants improperly refused to forgive a loan she obtained

pursuant to the COVID-19 pandemic-related Paycheck Protection

Program.     On October 4, 2021, the court issued an Order

(“October 4 Order”) (Doc. No. 14) directing the U.S. Marshals

Service (“USMS”) to serve the defendants on Ms. Athens’s behalf,

pursuant to 28 U.S.C. § 1915(d).

     Federal Rule of Civil Procedure 4(m) provides, in pertinent

part:

     If a defendant is not served within 90 days after the
     complaint is filed, the court -- on motion or on its own
     after notice to the plaintiff -- must dismiss the action
     without prejudice against that defendant or order that
     service be made within a specified time. But if the
     plaintiff shows good cause for the failure, the court must
     extend the time for service for an appropriate period.

Fed. R. Civ. P. 4(m).
       Case 1:21-cv-00748-SM Document 16 Filed 10/13/21 Page 2 of 2


      The USMS attempted, unsuccessfully, to serve the defendants

on October 6, 2021, using the address Ms. Athens provided in the

summonses she filed in this case.       The court’s copy of the USMS

process returns, see Doc. No. 15, indicates that the defendants

could not be served at the address given.

      To give Ms. Athens an opportunity to provide this court

with correct contact information for service of the defendant,

the clerk’s office is directed to mail two blank summonses to

the plaintiff, bearing the case caption.        Ms. Athens is directed

to complete those summonses with updated contact information for

the defendants, and to file them in this case within fourteen

days of the date of this Order.      The clerk’s office will issue

the new summonses and provide copies to the USMS to serve the

defendants, along with a copy of this Order, the Complaint (Doc.

No. 1), and the October 4 Order (Doc. No. 14).

      Defendant is instructed to answer or otherwise plead, in

response to the claims asserted in the Complaint (Doc. No. 1) as

identified in the October 4 Order, within twenty-one days of

service.   See Fed. R. Civ. P. 12(a)(1)(A).

      SO ORDERED.

                                  ______________________________
                                  Andrea K. Johnstone
                                  United States Magistrate Judge

October 13, 2021

cc:   Natasha Athens, pro se



                                    2


File and source

File

16-vacated-see-10-27-2021-endorsed-order-order-ms-athens-is-dir.pdf

Size

102,941 bytes

SHA-256

a5a052cd1a8cc7a14204e4b59bf48d771f2287636792c0ece661a648707e68a6

Our copy

16-vacated-see-10-27-2021-endorsed-order-order-ms-athens-is-dir.pdf

Original

archive.org