1Gilroy names Kasper and the Ponemah Trust as defendants to

this action. I find, however, that a fair reading of Gilroy’s

complaint indicates that she also intended to sue the named

defendants’ attorneys, Alan Segal and Kurt McHugh. Accordingly,

I find that all four of these individuals are to be considered

properly named defendants to this action for all purposes.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Rosemary A. Gilroy

v. Civil No. 07-cv-300-JL

James Kasper, et al.1

O R D E R

Before the Court is the complaint (document no. 1) of

Rosemary Gilroy, proceeding pro se and in forma pauperis. Gilroy

is seeking relief under the diversity jurisdiction of this Court,

alleging that the defendants, a Massachusetts mortgage company

and broker and their attorneys, violated New Hampshire’s Consumer

Protection Act, N.H. Rev. Stat. Ann. (“RSA”) 358-A (2006) (“CPA”)

by engaging in unfair, deceptive, and predatory lending

practices, as well as fraud. Gilroy further alleges that the

defendants committed additional violations of state tort law. 

Because Gilroy is proceeding pro se and in forma pauperis, the

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matter is before me for preliminary review to determine, among

other things, whether or not she has stated any claim upon which

relief might be granted. See United States District Court of the

District of New Hampshire Local Rule 4.3(d)(1)(B). 

For the reasons fully explained in my Report and

Recommendation, issued simultaneously with this Order, I find

that Gilroy has stated claims upon which relief might be granted

for violations of the CPA, fraud, and intentional infliction of

emotional distress. In my Report and Recommendation, I recommend

dismissal of the harassment and discrimination claims.

As I find that plaintiff has stated claims upon which relief

may be granted, and without further comment on the merits of the

claims, I order the complaint (document no. 1) be served on

defendants James Kasper, The Ponemah Trust, Alan Segal and Kurt

McHugh. My review of the file indicates that plaintiff has filed

summons forms for Kasper and The Ponemah Trust, but has not filed

summons forms for defendants Segal and McHugh. 

I hereby direct the Clerk’s Office to provide summons forms

for defendants Segal and McHugh to Gilroy. Gilroy must return

the completed summons forms to the Clerk’s office within thirty

days of the date of this Order. Upon receipt of the completed

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summons forms, and immediately for the completed summons forms

already in the Court’s file, the Clerk’s office is directed to

issue the summons forms and forward to the United States Marshal

for the District of New Hampshire (the “U.S. Marshal’s office”)

the summonses, copies of the complaint (document no. 1), the

Report and Recommendation, and this Order. Upon receipt of the

necessary documentation, the U.S. Marshal’s office shall effect

service upon the defendants. See Fed. R. Civ. P. 4(c)(2). 

The defendants are instructed to answer or otherwise plead

within twenty days of service. See Fed. R. Civ. P. 12(a)(1)(A).

Plaintiff is instructed that all future pleadings, written

motions, notices, or similar papers shall be served directly on

the Defendants by delivering or mailing the materials to them or

their attorneys, pursuant to Fed. R. Civ. P. 5(b). 

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: February 4, 2008

cc: Rosemary A. Gilroy, pro se

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