Taylor v. New City Police Department
- Robert Lehrburger
- 1:23-cv-10324
- U.S. District Court · Southern District of New York
- 2
In Taylor v. Rengel, Judge Lehrburger ordered paperwork to help serve Kenny Ortiz and other defendants through the U.S. Marshals Service.
Phillip Taylor must arrange for timely service and keep the court informed of any address change. The Clerk of Court and U.S. Marshals Service must prepare and carry out the service process, including service on Kenny Ortiz and the defendants identified in the order.
What happened
In Phillip Taylor v. Yesenia Rengel, Kenny Ortiz, NYC Health + Hospitals, and Jacobi Kirk Robinson, the court addressed service of the lawsuit. Taylor is proceeding without a lawyer and asked to serve Kenny Ortiz through the U.S. Marshals Service.
The court directed the Clerk of Court to prepare a service form for Ortiz using the address listed in the complaint. The Clerk also must issue a summons and provide the Marshals Service with the paperwork needed to serve the defendants. Taylor must make sure service occurs within 90 days after the summons is issued, request more time if necessary, and notify the court in writing if his address changes.
Judge Robert W. Lehrburger entered the order of service on June 14, 2024. The order does not decide the underlying claims.
The detailed version
- Taylor v. New City Police Department · No. 1:23-cv-10324
- Robert Lehrburger
- June 14, 2024
Nature of the Order
This is an order about serving the defendants with the lawsuit. It does not address whether Taylor's claims are legally valid or decide the merits of the case.
Court’s Directions
Taylor is proceeding without a lawyer and is to use the U.S. Marshals Service to serve defendant Kenny Ortiz. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return Form (USM-285) for Ortiz at the address listed in the complaint:
Kenny Ortiz License Division, One Police Plaza, Room 110A New York, NY 10038
The court also directed the Clerk to issue a summons and deliver the paperwork needed for the Marshals Service to serve the defendants.
Deadlines and Responsibilities
Taylor is responsible for ensuring that service is completed within 90 days after the summons is issued. If necessary, he must request an extension of time for service. He must also notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to do so.
Disposition
The court entered the order of service. The Clerk was directed to mail a copy to Taylor and record that mailing on the docket. Judge Robert W. Lehrburger signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.