Avila v. ACACIA Network, Inc.
- Paul Engelmayer
- 1:23-cv-07834
- U.S. District Court · Southern District of New York
- 3
In Avila v. ACACIA Network, Judge Engelmayer ordered the U.S. Marshals Service to serve the defendants for plaintiff Jimmy Avila.
Jimmy Avila and defendants ACACIA Network, Inc. and Trevor Griffiths; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendants.
What happened
Jimmy Avila sued ACACIA Network, Inc. and Trevor Griffiths, alleging disability discrimination and retaliation under federal and state laws. The opinion does not decide whether those claims are valid.
Because Avila was allowed to proceed without paying filing fees, the court said he could rely on the U.S. Marshals Service to serve the defendants. The court also extended the service deadline until 90 days after the summonses are issued.
The court directed the Clerk of Court to issue summonses, prepare service forms, and send the necessary papers to the Marshals Service. It also told Avila to request more time if service is not completed within 90 days and to report any address change. Judge Engelmayer issued the order.
The detailed version
- Avila v. ACACIA Network, Inc. · No. 1:23-cv-07834
- Paul Engelmayer
- June 4, 2024
Background
Jimmy Avila, representing himself, brought claims against ACACIA Network, Inc. and Trevor Griffiths for disability-based discrimination and retaliation under the Fair Housing Act, the Americans with Disabilities Act, and state law. The court had previously granted Avila permission to proceed without paying court fees in an order dated September 6, 2023.
Service of the Complaint
Because Avila was allowed to proceed without paying filing fees, federal law permitted him to rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that he could not have served the defendants until the court reviewed the complaint and ordered summonses to be issued.
The court therefore extended the service deadline until 90 days after the summonses are issued. If the complaint is not served within that period, Avila must ask for an extension of time. The court also warned that Avila must notify it in writing if his address changes and that the case could be dismissed if he does not do so.
Order
The court instructed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the required documents to the U.S. Marshals Service. The Clerk was also directed to mail Avila an information package. Avila may consent to receive court documents by email, in which case he will no longer receive them by regular mail.
This order concerns service of the lawsuit and does not decide the merits of Avila’s discrimination or retaliation claims. Judge Paul A. Engelmayer entered the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.