Avila v. ACACIA Network
- Paul Engelmayer
- 1:23-cv-10260
- U.S. District Court · Southern District of New York
- 6
In Avila v. ACACIA Network, Judge Engelmayer ordered service of the complaint through Marshals after allowing Jimmy Avila to proceed without prepaying fees.
Jimmy Avila and the five named defendants: ACACIA Network, Aja Douglas, 1212 Grant Realty LLC, Manny Stein, and Caren Abate, OMH Director of Housing/NYC Field Office.
What happened
Jimmy Avila, representing himself, sued ACACIA Network, Aja Douglas, 1212 Grant Realty LLC, Manny Stein, and Caren Abate, identified as OMH Director of Housing/NYC Field Office. He claims disability-based retaliation under the Fair Housing Act and similar state and local laws. The court had previously allowed him to proceed without prepaying filing fees.
The court directed the Clerk of Court to issue summonses, complete service forms with each defendant’s address, and send the required papers to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summonses are issued. It also told Avila to request more time if service is not completed by then and to notify the court in writing if his address changes.
Judge Paul A. Engelmayer entered this order of service. The order addresses how the defendants must be served and does not decide whether Avila’s retaliation claims are legally valid.
The detailed version
- Avila v. ACACIA Network · No. 1:23-cv-10260
- Paul Engelmayer
- June 27, 2024
Background
Jimmy Avila brings this action without a lawyer. His complaint asserts disability-based retaliation under the Fair Housing Act and “similar State and Local Fair Housing Laws” against ACACIA Network, Aja Douglas, 1212 Grant Realty LLC, Manny Stein, and Caren Abate, OMH Director of Housing/NYC Field Office.
In an earlier order dated January 11, 2024, the court allowed Avila to proceed without prepaying filing fees. Because Avila is proceeding without prepaying fees, he may rely on the court and the U.S. Marshals Service to serve the defendants.
Court’s directions
The court extended the time for service to 90 days after summonses are issued. The Clerk of Court was instructed to issue summonses for each defendant, complete a U.S. Marshals Service Process Receipt and Return form with each defendant’s address, and provide the Marshals Service with the documents needed to make service.
The order states that if the complaint is not served within 90 days after the summonses are issued, Avila should request an extension of time. It also requires Avila to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.
Disposition and effect
Judge Paul A. Engelmayer entered an order directing the Clerk of Court to issue the summonses and arrange for service through the U.S. Marshals Service. The order does not rule on the merits of Avila’s disability-retaliation claims. The court also directed the Clerk to mail Avila an information package and provided a form through which he could consent to receive court documents electronically instead of by regular mail.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.