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Chester Gerstenbluth v. Credit Suisse Securities (Usa) LLC and the Internal Revenue Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 13, 2012

CHESTER GERSTENBLUTH, PLAINTIFF,
v.
CREDIT SUISSE SECURITIES (USA) LLC AND THE INTERNAL REVENUE SERVICE, DEFENDANTS.

The opinion of the court was delivered by: Seybert District Judge:

ORDER

Pro se Plaintiff Chester Gerstenbluth sued Defendants Credit Suisse Securities (USA) LLC ("Credit Suisse") and the Internal Revenue Service in a case arising out of taxes that Credit Suisse withheld when it paid Plaintiff a settlement award in an unrelated case. Although it has not formally appeared in this action, Credit Suisse has moved to dismiss Plaintiff's claims against it for want of service of process. (Docket Entry 23.) Plaintiff asked Credit Suisse to waive service, but Credit Suisse refused. (See id.) On February 21, 2012, the Court directed Credit Suisse to pay $200 into the Court in the event that it should later be liable, under Federal Rule of Civil Procedure 4(d)(1), for Plaintiff's reasonable costs in executing service. (See Docket Entry 30.) The Court also invited Credit Suisse to explain its good cause, if any, for refusing to waive service. (Id.)*fn1 On February 24, 2012, Credit Suisse deposited the $200 and filed a letter essentially explaining that it refused to waive service because it believes Plaintiff's suit is meritless. (See generally Docket Entry 32.) Of course, this is not a justifiable reason to refuse a waiver request. See, e.g., Morales v. SI Diamond Tech., Inc., No. 98--CV--8309, 1999 WL 144469, at *2 (S.D.N.Y. Mar. 17, 1999).

The Court will consider Credit Suisse's motion to dismiss, along with the other motions pending in this action, in due course. In the meantime, Plaintiff is directed to serve Credit Suisse with the Summons and Complaint within thirty (30) days from the date of this order and to file proof of service with the Court. Plaintiff may then apply to have the reasonable costs of service reimbursed to him from the money that Credit Suisse has paid into Court. Plaintiff should include any applicable receipts with that application.

CONCLUSION The foregoing is the order of the Court. The Clerk of the Court is directed to mail copies of this order to the pro se Plaintiff and to Credit Suisse's counsel: Wendy J. Saperstone, Esq., Dewey Pegno & Kramarsky LLP, 777 Third Avenue, New York, NY 10017.

SO ORDERED.

Joanna Seybert, U.S.D.J.


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