Kim v. National Board of Medical Examiners
- Cathy Seibel
- 7:25-cv-03732
- U.S. District Court · Southern District of New York
- 3
In Kim v. National Board of Medical Examiners, Judge Seibel ordered Marshals Service to serve Joel Kim’s disability lawsuit.
Joel Kim, the National Board of Medical Examiners, the Clerk of Court, and the United States Marshals Service.
What happened
In Kim v. National Board of Medical Examiners, Joel Kim, who is representing himself, sued the National Board of Medical Examiners under Title III of the Americans with Disabilities Act.
The court had already allowed Kim to proceed without paying filing fees in advance. Because of that, the court said the Clerk of Court and the United States Marshals Service would help serve the lawsuit on the National Board of Medical Examiners.
Judge Cathy Seibel ordered the Clerk to issue a summons, prepare service paperwork, and give the necessary documents to the Marshals Service. The order did not decide whether Kim’s disability claim is valid.
The detailed version
- Kim v. National Board of Medical Examiners · No. 7:25-cv-03732
- Cathy Seibel
- May 6, 2025
Background
Joel Kim, who is appearing without a lawyer, brought a claim under Title III of the Americans with Disabilities Act of 1990 against the National Board of Medical Examiners. The opinion identifies Kim as being from New York, New York. The court had granted Kim permission on May 5, 2025, to proceed without paying court fees in advance.
Service of the lawsuit
Because Kim was allowed to proceed without paying fees in advance, the court explained that he could rely on assistance from the court and the United States Marshals Service to serve the defendant. The court also explained that the usual 90-day service period could not begin until the court reviewed the complaint and ordered a summons. It extended the service period until 90 days after a summons issues.
The court ordered the Clerk of Court to issue a summons for the National Board of Medical Examiners, complete a United States Marshals Service process form with the defendant’s service address, and give the Marshals Service the documents needed to serve the summons and complaint. The opinion lists the defendant’s service address as 3750 Market Street, Philadelphia, Pennsylvania 19104-3102.
Ruling and effect
Judge Cathy Seibel directed the Clerk to mail Kim an information package and to take the steps needed for service. If the summons and complaint are not served within 90 days after the summons issues, the opinion says Kim should request an extension of time. It also says Kim must notify the court in writing if his address changes and that the court may dismiss the action if he does not do so. This order concerns service and does not decide the merits of Kim’s Americans with Disabilities Act claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.