Greenwood v. American Kennel Club
- Gregory Woods
- 1:23-cv-10516
- U.S. District Court · Southern District of New York
- 2
In Greenwood v. American Kennel Club, Judge Woods ordered U.S. Marshals service for Greenwood’s complaint and warned that failure to seek more time could lead to dismissal.
Elaine Greenwood and the American Kennel Club; the order also directs the Clerk of Court and the U.S. Marshals Service to take steps to serve the defendant.
What happened
In Greenwood v. American Kennel Club, Elaine Greenwood, representing herself, sued the American Kennel Club over state-law claims arising from an alleged 1995 sexual assault in New York City. She argued that the New York Adult Survivors Act allowed her to bring the claims, and she filed the case within that law’s one-year filing period.
The court had previously allowed Greenwood to proceed without paying filing fees in advance. Because of that status, the court said the Clerk of Court and the U.S. Marshals Service would handle service of the summons and complaint on the American Kennel Club.
Judge Gregory H. Woods directed the Clerk to issue the summons, complete the service paperwork, and send the necessary documents to the Marshals Service. The order said Greenwood should request more time if service is not completed within 90 days after the summons is issued, and warned that the case may be dismissed if she does not do so or fails to update the court about an address change.
The detailed version
- Greenwood v. American Kennel Club · No. 1:23-cv-10516
- Gregory Woods
- Feb. 5, 2025
Background
Elaine Greenwood, individually and doing business as Logres Farm, sued the American Kennel Club. The opinion states that Greenwood is proceeding without a lawyer and asserts state-law claims arising from an alleged sexual assault in 1995 in New York City. She contends that the New York Adult Survivors Act revived claims alleging intentional or negligent acts or omissions causing injury from conduct that would constitute a sexual offense under Article 130 of the New York Penal Law.
The opinion states that the Adult Survivors Act’s one-year filing period ran from November 24, 2022, through November 24, 2023. Greenwood filed this action on November 22, 2023. The court had previously granted her permission to proceed without prepaying filing fees.
Court’s action
Because Greenwood was permitted to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the American Kennel Club. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the defendant, issue a summons, and deliver the summons and other necessary documents to the Marshals Service.
The court clarified that the usual 90-day service period begins after a summons is issued in this case because Greenwood could not arrange service before the court reviewed the complaint and ordered the summons issued. If service is not completed within 90 days after the summons is issued, Greenwood should request an extension of time. The court also directed her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Disposition and effect
Judge Gregory H. Woods entered an order addressing service of process. The opinion does not decide whether Greenwood’s underlying claims are legally valid, whether the Adult Survivors Act applies to them, or whether the American Kennel Club is liable. It directs court personnel and the Marshals Service to proceed with service and warns of a possible dismissal if Greenwood does not follow the specified requirements.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.