Doe v. 2001 Arthur LLC
- Ronnie Abrams
- 1:24-cv-09542
- U.S. District Court · Southern District of New York
- 5
In John Doe #1 v. 2001 Arthur LLC, Judge Abrams ordered service, required identification of a Doe defendant, and denied counsel without prejudice.
John Doe #1 must use the U.S. Marshals Service process for the named defendants, keep the court informed of address changes, and file an amended complaint after 2001 Arthur LLC identifies the unnamed employee. 2001 Arthur LLC and Yoel Schaefar are subject to the ordered service process, and 2001 Arthur LLC’s counsel must identify the employee known as “Tyrone.” The plaintiff’s request for pro bono counsel was denied without prejudice.
What happened
In John Doe #1 v. 2001 Arthur LLC, John Doe #1, who is representing himself, alleges that 2001 Arthur LLC, Yoel Schaefar, and an unidentified employee violated the Fair Housing Act, the Americans with Disabilities Act, and New York human-rights laws. The court had already allowed him to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue summonses and send the necessary papers to the U.S. Marshals Service so the named defendants could be served. It also ordered counsel for 2001 Arthur LLC to identify the employee known to the plaintiff as “Tyrone” and provide that person’s service address within 60 days. The plaintiff must then file an amended complaint naming that defendant within 30 days after receiving the information.
Judge Ronnie Abrams denied the plaintiff’s request for pro bono counsel without prejudice to renewal later because the case was still too early for the court to assess its merits. The court also stated that any appeal from this order would not qualify for fee-free status.
The detailed version
- Doe v. 2001 Arthur LLC · No. 1:24-cv-09542
- Ronnie Abrams
- Feb. 11, 2025
Background
John Doe #1 brings claims against 2001 Arthur LLC, Yoel Schaefar, and John Doe #2 under the Fair Housing Act, the Americans with Disabilities Act, and the New York State and New York City Human Rights Laws. He is proceeding without a lawyer. The court had previously granted permission to proceed without prepaying filing fees.
Service on Named Defendants
Because the plaintiff was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses and complete a U.S. Marshals Service Process Receipt and Return form for 2001 Arthur LLC and Yoel Schaefar. The Clerk must send the summonses and other necessary paperwork to the U.S. Marshals Service for service. The court also directed the Clerk to mail the order and complaint to 2001 Arthur LLC at 2001 Arthur Avenue, Bronx, New York 10457.
The court explained that service must occur within 90 days after the summonses are issued. If service does not occur within that period, the plaintiff should request an extension. The plaintiff must also notify the court in writing of any address change, and the court may dismiss the action if he fails to do so.
Identifying the John Doe Defendant
The court applied a procedure under which a district court assists a self-represented litigant in identifying an unnamed defendant. It found that the complaint provided enough information for 2001 Arthur LLC to identify the employee whom the plaintiff knows as “Tyrone.” Counsel for 2001 Arthur LLC must determine that employee’s identity and service address and provide the information to the plaintiff and the court within 60 days of the order.
Within 30 days after receiving the information, the plaintiff must file an amended complaint naming the employee. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will screen it and, if necessary, direct the Clerk to prepare the service materials for the newly identified defendant.
Request for Counsel
The plaintiff asked the court to request pro bono counsel. The court denied that motion without prejudice to renewal at a later date because the proceedings were too early for the court to evaluate the merits of the case. “Without prejudice” means the ruling did not bar the plaintiff from renewing the request later.
Disposition
The court ordered the Clerk to issue and arrange service of the summonses for 2001 Arthur LLC and Yoel Schaefar, directed the identification of the unnamed employee, and denied the request for pro bono counsel without prejudice to renewal. It also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order did not decide whether the plaintiff’s underlying claims were legally valid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.