Yhap v. New York Presbyterian Hospital
- Edgardo Ramos
- 1:24-cv-10058
- U.S. District Court · Southern District of New York
- 3
In Yhap v. New York Presbyterian Hospital, Judge Ramos ordered Marshals service; the order did not decide the discrimination claims.
Christopher N. Yhap and New York Presbyterian Hospital; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the lawsuit.
What happened
Christopher N. Yhap, who is representing himself, sued New York Presbyterian Hospital under federal employment-discrimination laws. He alleges that the hospital discriminated against him because of a disability. The court also understood his complaint to raise claims under New York State and New York City human-rights laws.
The court had allowed Yhap to proceed without paying filing fees in advance. Because of that status, the court said Yhap could rely on the court and the U.S. Marshals Service to serve the hospital. The court extended the service deadline to 90 days after the summons is issued.
Judge Edgardo Ramos ordered the Clerk of Court to issue the summons, prepare the service form using the hospital’s address, and send the necessary documents to the U.S. Marshals Service. The order also directed the Clerk to mail Yhap an information package and warned that Yhap must report address changes. The opinion did not decide whether the alleged discrimination occurred or whether Yhap’s claims are legally valid.
The detailed version
- Yhap v. New York Presbyterian Hospital · No. 1:24-cv-10058
- Edgardo Ramos
- Jan. 23, 2025
Background
Christopher N. Yhap is proceeding without a lawyer and brings claims under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. The court construed the complaint as also asserting claims under the New York State Human Rights Law and the New York City Human Rights Law. Yhap alleges that his employer, New York Presbyterian Hospital, discriminated against him based on a disability.
The court had previously granted Yhap permission to proceed without prepaying filing fees. In such cases, federal law requires the court to order service by the U.S. Marshals Service.
Ruling
The court ordered the Clerk of Court to issue a summons for New York Presbyterian Hospital, complete a U.S. Marshals Service Process Receipt and Return form with the hospital’s service address, and deliver the required documents to the Marshals Service. The Clerk was also directed to mail Yhap an information package.
The court stated that service must occur within 90 days after the summons is issued. If service is not completed by then, Yhap should request more time. The court also required Yhap to notify it in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Effect of the Order
This was an order arranging service of the lawsuit. It did not resolve the merits of Yhap’s discrimination allegations or determine whether the hospital violated any law.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.