Parker Chailla et al v. O'Malley et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FLORENCE R. PARKER CHAILLA,
et al.
Plaintiff,
V.
FRANK BISIGNANO,
Commissioner of Social Security,
et al.,
Defendant.
: CIVIL CASE NO. 3:24-CV-1961
: (JUDGE MARIANI)
: (Magistrate Judge Carlson)
ORDER
AND NOW, THIS ~ DAY OF MARCH 2026, upon de nova review of
Magistrate Judge Martin C. Carlson's Report and Recommendation (''R&R") (Doc. 46),
Defendant Bisignano's objection thereto (Doc. 47), Plaintiffs' objections thereto (Doc. 48),
and all relevant documents, IT IS HEREBY ORDERED THAT:
1. 	Defendant Bisignano's objection (Doc. 47) is OVERRULED. 1
1 The Court concludes that the Magistrate Judge's recommendation that the case go forward as to
Defendant Bisignano in his official capacity based on Plaintiffs ' substantial compliance with service
requirements for that claim (Doc . 46 at 5-6) is the prudent course of action at this stage of the proceedings .
Therefore, Defendant Bisignano's objection to the recommendation is overruled . However, because the
Court agrees with Defendant Bisignano that service remains legally deficient pursuant to Federal Rule of
Civil Procedure 4(i) (Doc.47 at 5), the Court will allow a period of time pursuant to Rule 4(m) for Plaintiffs to
perfect service pursuant to Rule 4(i) which requires a plaintiff to serve the United States as well as the
officer or employee sued .
Case 3:24-cv-01961-RDM Document 49 Filed 03/11/26 Page 1 of 3

2. 	Plaintiffs' objections (Doc. 48) are OVERRULED.2
3. 	The R&R is ADOPTED for the reasons set forth therein as clarified by this Order.
(See~? and n.1.)
4. 	The Motion to Set Aside Entry of Default (Doc. 31) is GRANTED.
5. 	The Clerk of Court is directed to SET ASIDE the Entry of Default (Doc. 30).
6. 	Pursuant to the Court's Order of November 22, 2024 (Doc. 9), the Complaint is
DISMISSED WITHOUT PREJUDICE for failure to comply with a Court Order and
pursuant to Federal Rule of Civil Procedure 4(m) as to all Defendants except
Commissioner Frank Bisignano in his official capacity.
7. 	Because Plaintiffs substantially complied with the service requirements of an official
capacity claim against Commissioner Bisignano but did not perfect service pursuant
to Federal Rule of Civil Procedure 4(i), Plaintiff shall file perfect service within thirty
(30) days of the date of this Order. 	Failure to do so may result in dismissal of this
action without further notice.
2 Plaintiffs ' opposition to the Commissioner 's Motion to Set Aside Entry of Default (Doc. 31) (Doc.
48 at 1-2) is not supported by the record for the reasons set out in the R&R (Doc. 46 at 4-5) . Plaintiffs '
assertion that service was proper in this case (see , e.g., Doc . 48 at 2) is not supported by the record for the
reasons set out in the R&R (Doc . 46 at 5-9) . Therefore, Plaintiffs' objections are overruled.
2
Case 3:24-cv-01961-RDM Document 49 Filed 03/11/26 Page 2 of 3

8. 	The above-captioned action is remanded to Magistrate Judge Martin C. Carlson for
further proceedings consistent with this Order.3
United States District Judge
3 These proceedings shall include consideration of the Court 's November 20 , 2024 , Order (Doc . 8)
and resolution of the status of Optatus Chai la . As set out in the Order ,
The caption of the complaint list[s] two plaintiffs: Florence R. Parker Chailla ("Florence ")
and Optatus N. Chailla ("Optatus "). Florence has signed the complaint , but Optatus has
not.
"Every pleading , written motion , and other paper must be signed by a least one attorney
of record in the attorney 's name-or by a party personally if the party is unrepresented. "
Fed. R. Civ . P. 11 (a). This rule also requires the court to "strike an unsigned paper unless
the omission is promptly corrected after being called to the attorney 's or party 's attention. "
Id . If Optatus intends to proceed as a plaintiff in this case , he must sign the complaint.
Based on the foregoing , IT IS ORDERED that Optatus intends to proceed as a plaint iff in
this case , he shall sign and file a copy of complaint on or before December 11 , 2024. The
Clerk of Court shall send Optatus a copy of the complaint (redacted) (doc . 1) so that he
may sign it and file it with the court . If he fails to file a signed copy of the complaint , we will
recommend that he be dismissed from this action .
(Doc . 8 at 1.) A subsequent docket entry indicates that the Clerk of Court sent the copy of the Complaint.
The record does not show a response by Plaintiff Optatus Chailla .
3
Case 3:24-cv-01961-RDM Document 49 Filed 03/11/26 Page 3 of 3