Professional Documents
Culture Documents
Eric Murdock United Airlines Federal Lawsuit Documents
Eric Murdock United Airlines Federal Lawsuit Documents
Plaintiffs COMPLAINT
And DEMAND FOR TRIAL
By JURY
-against-
Defendants
------------------------------------------------------------------------------x
The Plaintiffs ERIC MURDOCK and BRENDA WILLIAMS, complaining of the Defendants,
alleges as follows:
African-American passengers by United Airlines. On Friday, July 13, 2018, the Plaintiff
were passengers on United Flight 1537 from Las Vegas to Newark. On said flight the
2. Plaintiffs were then unjustifiably removed from the flight in front of the other
passengers, despite the fact that they posed no security risk and committed no wrongful
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acts. Plaintiffs were removed from the flight at the insistence of the Defendant JANE
DOE whose unprofessional conduct caused discomfort for the passengers around her.
National Basketball Association player, who as a point guard played for the Utah Jazz,
Milwaukee Bucks, Denver Nuggets, Miami Heat, New Jersey Nets, and the Los Angeles
Clippers. He held, until 2002 the NCAA records for most steals, 376, and a Big East
Conference record for most points, 435. In his NBA career, Murdock played in 508
games and scored a total of 5,118 points. He is a resident of State of New Jersey.
New Jersey.
York and is listed on the New York Stock exchange. The Defendant operates at John F.
Kennedy Airport, in Queens, New York at terminals 1, 4, 5 and 7, and from LaGuardia
6. Defendant JANE DOE is a Caucasian unidentified female flight attendant who works for
the Defendant United and was working on United Flight 1537 from Las Vegas to Newark
7. This lawsuit challenges the discriminatory and unjustified removal of United States
citizens from a United Airlines flight, in violation of the laws of the United States. This
case is brought pursuant to 42 U.S.C. § 1981. This Court has jurisdiction over this action
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8. This Court has personal jurisdiction over Defendant because Defendant is an airline that
regularly does business in Queens County, New York, in the Eastern District of New
York.
9. Venue is proper in the Eastern District of New York under 28 U.S.C.§ 1391 because
Defendant United does substantial business in this district as it operates out of two
FACTS
10. In July 2018, the Plaintiff Murdock had attended a conference hosted by the National
11. In July 2018, the Plaintiff Williams had attended a conference hosted by her employer in
12. On July 13, 2018, the Plaintiffs Murdock and Williams were ticketed passengers on
United Flight 1537 from Las Vegas, Nevada to Newark, New Jersey and were properly
seated in the plane. Plaintiffs were strangers to each other and met due to the assignment
of adjacent seats.
13. Plaintiff Murdock was assigned seat 15-E and his son was assigned seat 36-H.
14. Prior to take-off Plaintiff Murdock noted that the row behind his seat was empty. This
15. Plaintiff Murdock asked a female flight attendant, herein after “Jane Roe”, if he and his
son could sit together in the emergency exit row. Roe assented if no ticketed passenger
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16. Roe did inform Plaintiff Murdock that there was a premium price for the seats, which
Plaintiff Murdock offered to pay. Roe informed him that he’d have to pay at the counter
outside, but as the cabin door had been closed, that option was rendered impossible.
17. Just prior to take off, a ticketed passenger did appear and had seat in the emergency exit
row.
18. The ticketed passenger upon hearing that Plaintiff Murdock, who is over 6 feet tall, and
his son wished to sit together in this emergency exit row graciously offered up his seat.
19. Plaintiff Murdock accepted the offer of the other passenger and moved from his center
row seat to the emergency exit row. The other passenger moved to another seat. Such
move was made with the approval of the unidentified flight attendant, Jane Roe.
20. Shortly before takeoff, Defendant JANE DOE, a flight attendant acting for and as an
agent of the Defendant United demanded that Plaintiff Murdock return to his ticketed
seat.
21. Defendant JANE DOE stated that the seats in the emergency row carried a premium
price. When Plaintiff Murdock requested the price, Doe was unable to tell him. She later
told him the price but was unable to tell him how to pay.
22. Defendant JANE DOE was also informed that the ticketed passenger for the emergency
row had swapped his seat with Plaintiff Murdock. Defendant JANE DOE refused to be
swayed by the fact that the passenger ticketed for the seat voluntarily switched with the
23. Defendant JANE DOE also told Plaintiff Murdock that the emergency row had to remain
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24. During the exchange Defendant JANE DOE was rude and dismissive of Plaintiff
Murdock.
25. Plaintiff Murdock ultimately complied and returned to his ticketed seat as did his son.
26. Approximately a half an hour into the flight, a Caucasian female moved into a seat in the
27. Defendant JANE DOE did not cause the Caucasian female to return to her ticketed seat.
29. Defendant JANE DOE then told Plaintiff Murdock to go back to his seat.
30. Plaintiff Murdock asked Defendant JANE DOE why she had allowed the Caucasian
woman to sit in the emergency row, and Defendant JANE DOE told him that it was none
of his business.
31. Plaintiff Williams had gone to the rest room when Plaintiff Murdock moved back to the
emergency exit row seat and was returning when she observed the Defendant JANE
32. Plaintiff Williams concerned about Defendant JANE DOE’s aggressive and disrespectful
attitude asked Doe as to why she was being rude to Plaintiff Murdock.
33. Defendant JANE DOE aggressively told Plaintiff Williams that it was none of her
business.
34. Defendant JANE DOE then began yelling at Plaintiff Williams and accusing Williams of
35. Though Plaintiff Williams was holding her phone she was not recording her.
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36. Despite being repeatedly told by Plaintiff Williams that she was not recording her,
Defendant JANE DOE demanded, in a very hostile and aggressive manner that Plaintiff
37. When Plaintiff Williams refused, Defendant JANE DOE extended her arm and leaned
into the row about half way across and demanded with a threatening and intimidating
voice, “erase the video now, or give me your phone! It’s against the law to record me!”
38. The actions of Defendant JANE DOE placed Plaintiff Williams in imminent fear of an
39. Plaintiff Williams repeatedly told Defendant JANE DOE that there was no recording.
Defendant JANE DOE however continued to yell at Plaintiff Williams and made as if to
40. Defendant JANE DOE finally left without taking Plaintiff Williams’ phone.
41. Shortly thereafter, Jane Roe returned and asked Plaintiff Murdock if he would consent to
42. While Roe was talking to Plaintiff Murdock, Defendant JANE DOE returned. She leaned
over and placing her head within inches of the Plaintiff Murdock and spoke. Plaintiff
43. The actions of Defendant JANE DOE placed Plaintiff Murdock in imminent fear of an
44. At the request of Jane Roe, Plaintiff Murdock returned to his seat.
45. Shortly thereafter during the beverage service, Defendant JANE DOE in a snide and
to boycott?”
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46. Plaintiff Murdock did not respond to the obvious race baiting but maintained a dignified
silence.
47. Neither Plaintiff had any further interaction with Defendant JANE DOE.
48. After the Plaintiff landed at Newark International Airport, the passengers were instructed
49. The Plaintiffs were then escorted off the plane first.
50. On this plane were various co-workers of the Plaintiff Williams as well and current and
former professional athletes. Further, the Plaintiff Murdock is celebrity athlete and has
51. When the Plaintiffs were led off the plane they were met by four armed members of the
52. After being interviewed by the TSA, the Plaintiffs were not further detained and were
53. Plaintiff Williams suffered severe personal embarrassment and well as emotional trauma
54. Plaintiff Murdock suffered severe personal and professional embarrassment from the
event.
AN UNFIT EMPLOYEE
55. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
56. Plaintiffs are informed and believes and thereon alleges that in doing the acts as
heretofore alleged, Defendant, JANE DOE was incompetent and unfit to perform the
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duties for which she was employed, and that an undue risk to persons such as plaintiffs
57. Plaintiffs are informed and believes and thereon alleges that in doing the acts as
heretofore alleged, Defendant United failed to adequately train and supervise Defendant
JANE DOE in the exercise of the tasks of her employment and/or failed to terminate her,
58. Despite this advance knowledge of Defendant JANE DOE’s unfitness to perform her
59. Defendant United is liable for the actions of its agents and employees directly and under
60. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
61. As a direct and proximate result Defendants actions, plaintiffs suffered mental distress,
anguish, personal and professional embarrassment and indignation. Plaintiffs are thereby
entitled to general and compensatory damage in an amount no less than ten million
dollars.
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62. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
63. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
64. The Defendant JANE DOE, as an agent and employee of the Defendant United by
reaching and attempting to grab the cell phone held by the Plaintiff Williams placed
65. The actions of the Defendant JANE DOE in reaching and grabbing for the cell phone
were intentional and by reaching into the confined space of the airplane demonstrated and
66. At no time did Plaintiff Williams consent to or in any way justify any of the acts of
Defendants.
67. Defendant United is liable for the actions of its agents and employees directly and under
68. Corporate Defendant is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
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operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff Williams.
69. As a direct and proximate result Defendants actions, Plaintiff Williams suffered mental
distress, anguish, and indignation. Plaintiff Williams is thereby entitled to general and
70. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiff Williams’ rights. As such, punitive damages are warranted against
71. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
72. The Defendant JANE DOE, as an agent and employee of the Defendant United by
leaning over and placing her face within inches of the Plaintiff Murdock while engaged in
73. The actions of the Defendant JANE DOE of leaning over and placing her face within
inches of the Plaintiff Murdock while engaged in disrespectful language into the confined
space of the airplane demonstrated and will and ability to carry of the threat.
74. At no time did Plaintiff Murdock consent to or in any way justify any of the acts of
Defendants.
75. Defendant United is liable for the actions of its agents and employees directly and under
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76. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff Williams.
77. As a direct and proximate result Defendants actions, Plaintiff Murdock suffered mental
distress, anguish, and indignation. Plaintiff Murdock is thereby entitled to general and
78. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiff Murdock’ rights. As such, punitive damages are warranted against
NEGLIGENCE
79. Plaintiffs repeat and realleges the preceding and subsequent paragraphs as though set
forth herein.
80. Defendants breached their duty of care to Plaintiffs by failing to provide a safe place for
its passengers to conduct their travel. As a direct and proximate cause of Defendants’
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indignity and extreme and enduring emotional distress, all to their damage in an amount
81. Defendant United is liable for the actions of its agents and employees directly and under
82. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
83. As a direct and proximate result Defendants actions, Plaintiffs suffered mental distress,
anguish, and indignation. Plaintiffs are thereby entitled to general and compensatory
84. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
85. Plaintiffs repeat and realleges the preceding and subsequent paragraphs as though set
forth herein.
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86. Defendants engaged in outrageous conduct which was intentional and malicious and done
for the purpose of causing Plaintiff to suffer humiliation. As a direct and proximate cause
mortification, indignity and extreme and enduring emotional distress, all to their damage
87. Defendant United is liable for the actions of its agents and employees directly and under
88. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
89. As a direct and proximate result Defendants outrageous actions, Plaintiffs suffered mental
distress, anguish, and indignation. Plaintiffs are thereby entitled to general and
90. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
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91. Plaintiff repeat and realleges the preceding and subsequent paragraphs as though set forth
herein.
92. At all times relevant to the events described above, Defendant JANE DOE on Friday,
July 13, 2018 was an employee and/or agent of Defendant United. The discriminatory
practices described above were carried out: (a) at the direction of and with the consent,
encouragement, knowledge, and ratification of the Defendant United; (b) under the
Defendant United’s authority, control, and supervision; and/or (c) within the scope of the
employee’ employment.
93. Defendant United is liable for the actions of its agents and employees directly and under
94. Defendant JANE DONE and by extension, Defendant United engaged in intentional
discrimination based on Plaintiffs’ race, color and ancestry, by assaulting Plaintiffs and
by their hostile treatment of Plaintiffs on Corporate Defendant’s July 13, 2018 flight. In
their contract with Defendants, namely the ticket they purchased to travel Defendant
United’s July 13, 2018 flight from Las Vegas, Nevada, to Newark, New Jersey.
95. The foregoing actions by the Defendants thus constitute a deprivation of plaintiffs’ right
to make and enforce contracts regardless of their race, in violation of 42 U.S.C. § 1981.
96. As a direct, foreseeable, and proximate result of Defendant’s discrimination and wrongful
acts, Plaintiffs suffered and continues to suffer fear, anxiety, humiliation, mental pain and
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anguish, emotional distress, inconvenience, and economic loss. The Plaintiffs were
97. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
98. Plaintiff incorporates by reference each and every allegation set forth above as though
99. The pilot and Defendant JANE DOE on United Airlines United Flight 1537 from Las
Vegas to Newark on July 13, 2018, were at all relevant times agents and/or
employees of Defendant United and were acting within the course and scope of their
employment.
100. Defendant United is liable for the unlawful acts of its agents and employees
101. Defendant United is the recipient of federal funds and is thus covered by Title VI of
the Civil Rights Act of 1964 (42 U.S.C. § 2000d). Title VI and its implementing
regulations prohibit recipients of federal monies from discriminating on the basis of,
102. Defendant JANE DOE’s actions during the flight to include arranging for the
Plaintiffs to be made a public spectacle by having them escorted off of the plane as
security risks and to be detained by the TSA were based upon the Plaintiffs race,
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color, and/or national origin thus discriminated against the Plaintiffs in violation of
Title VI and its implementing regulations. Defendants actions were intentional and
wrongful acts, Plaintiff suffered and continues to suffer fear, anxiety, humiliation, mental
pain and anguish, emotional distress, inconvenience, and economic loss. The Plaintiffs
104. Defendants acts alleged herein are malicious, oppressive, despicable, and in
conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
105. The pilot and Defendant JANE DOE on United Airlines United Flight 1537
from Las Vegas to Newark on July 13, 2018, were at all relevant times agents and/or
employees of Defendant United and were acting within the course and scope of their
employment.
106. Defendant United is liable for the unlawful acts of its agents and employees
movement by removing Plaintiff from United Airlines United Flight 1537 on July 13,
2018, by identifying them as security risks to the plane and other passengers.
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109. The restraint, confinement, and detention compelled Plaintiffs to remain in the
112. Defendant’s conduct was a substantial factor in causing Plaintiffs harm. The
113. Defendants acts alleged herein are malicious, oppressive, despicable, and in
conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
114. Plaintiff incorporates by reference each and every allegation set forth above as
115. Defendant and its employees and agents acted negligently and/or recklessly
when they removed Plaintiffs from United Airlines United Flight 1537.
116. Defendant and its employees and agents should have known that their
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distress, including suffering anguish, fright, nervousness, grief, anxiety, worry, shock,
humiliation, and shame, all of which an ordinary reasonable person would be unable
to cope.
emotional distress. The Plaintiffs were injured on an amount no less than ten million
dollars.
119. Defendants acts alleged herein are malicious, oppressive, despicable, and in
conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
BREACH OF CONTRACT
120. Plaintiff incorporates by reference each and every allegation set forth above as
122. Plaintiff performed all conditions, covenants, and promises required on his part to
123. Defendant breached the contract by removing the Plaintiffs from United Airlines
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employees to take all affirmative steps necessary to remedy the effects of the illegal,
discriminatory conduct described herein and to prevent similar occurrences in the future;
C. Awarding Plaintiff their expenses, costs, fees, and other disbursements associated
with the filing and maintenance of this action, including reasonable attorneys’ fees
D. For compensatory damages in an amount not less than ten million dollars;
G. For such other relief as the Court may deem just and proper.
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this complaint: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support
after a reasonable opportunity for further investigation or discovery; and (4) the
complaint otherwise complies with the requirements of Rule 11.
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____________________________
Gary Port, Esq.
Port and Sava
Attorneys for the Plaintiffs
303 Merrick Road, Suite 212
Lynbrook, New York 11563
(516) 352-2999
[email protected]
The Plaintiffs hereby demand a trial by jury for all issues for triable.
____________________________
Gary Port, Esq.
Port and Sava
Attorneys for the Plaintiffs
303 Merrick Road, Suite 212
Lynbrook, New York 11563
(516) 352-2999
[email protected]
20
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JS 44 (Rev. 11/15) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff Somerset County, NJ County of Residence of First Listed Defendant Queens, New York
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Port and Sava
303 Merrick Road, Suite 212
Lynbrook, New York 11563
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
I, __________________________________________,
GARY PORT counsel for____________________________,
Plaintiff do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes No
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
Yes No
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Signature: ____________________________________________________
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Port and Sava
303 Merrick Road, Suite 212
Lynbrook, New York 11563
(516) 352-2999
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
DOUGLAS C. PALMER
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-06741-KAM-SMG Document 1-2 Filed 11/27/18 Page 2 of 2 PageID #: 24
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address