Sandoval v. Abbott House
- Subramanian
- 1:24-cv-00502
- U.S. District Court · Southern District of New York
- 2
In Sandoval v. Abbott House, Judge Subramanian reauthorized service by the U.S. Marshals Service after service had not been completed.
Melissa M. Sandoval, Abbott House, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Sandoval v. Abbott House, Melissa M. Sandoval, proceeding without a lawyer, sued Abbott House and received permission to proceed without paying the filing fee. The court had previously ordered service of the lawsuit.
Because service had not yet occurred, the court found that more time was appropriate. It directed the Clerk of Court to prepare a summons and the required paperwork so the U.S. Marshals Service could serve Abbott House.
Judge Arun Subramanian reauthorized service, directed the Clerk to provide the necessary documents and address information to the Marshals Service, and ordered that an information package be mailed to Sandoval.
The detailed version
- Sandoval v. Abbott House · No. 1:24-cv-00502
- Subramanian
- May 29, 2024
Background
Melissa M. Sandoval, representing herself, brought this action against Abbott House. The court had granted Sandoval permission to proceed under the filing-fee waiver process. Under that status, the opinion states that she could rely on the court and the U.S. Marshals Service to serve the defendant.
Prior Service Order and Extension
The court had issued an earlier service order on February 29, 2024, but service had not been completed. Federal Rule of Civil Procedure 4(m) generally requires service of a summons within 90 days after the complaint is filed. The court found that extending the time for service was appropriate.
Order
The court reauthorized service through the U.S. Marshals Service. It directed the Clerk of Court to issue a summons for Abbott House, complete the required U.S. Marshals Service Process Receipt and Return forms with the defendant's address, and deliver all documents needed for service to the Marshals Service. The court also directed the Clerk to mail an information package to Sandoval.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.