Labossiere v. Montefiore Post Surgery Staff John/Jane Doe 6/28/19
Wilfred Labossiere v. Montefiore (Mount Vernon) Post Surgery Staff John/Jane Doe 6/28/19, et al.
- Cathy Seibel
- 7:21-cv-10541
- U.S. District Court · Southern District of New York
- 3
In Labossiere v. Montefiore, Judge Seibel ordered the United States Marshals Service to serve newly added defendant Leonie McDonald.
Wilfred Labossiere, Leonie McDonald, the Clerk of Court, and the United States Marshals Service.
What happened
In Wilfred Labossiere v. Montefiore (Mount Vernon) Post Surgery Staff John/Jane Doe 6/28/19, et al., the court addressed how a newly added defendant, Leonie McDonald, would be formally notified of the lawsuit. Labossiere had filed a fifth amended complaint after the court allowed him to add McDonald.
Because Labossiere is permitted to proceed without paying court costs in advance, the court said he could rely on the court and the United States Marshals Service to complete service. The Clerk of Court was directed to prepare the required paperwork and summons using McDonald’s service address.
Judge Cathy Seibel ordered the Clerk to issue the summons, complete the service form, and provide the necessary documents to the United States Marshals Service. The order addressed service only and did not decide the claims’ merits.
The detailed version
- Labossiere v. Montefiore Post Surgery Staff John/Jane Doe 6/28/19 · No. 7:21-cv-10541
- Cathy Seibel
- Nov. 24, 2025
Background
On July 29, 2025, the Court granted summary judgment for Defendant Jacob Schupak and allowed Plaintiff Wilfred Labossiere to amend his complaint to add Leonie McDonald, whom the parties agreed was the correct defendant in the action. The Court directed defense counsel to provide McDonald’s service address, and counsel later supplied that information. Labossiere, who is now represented by counsel, filed a Fifth Amended Complaint on November 23, 2025.
Service of Process
Labossiere had been granted permission to proceed without paying the filing fee in advance. Under the rules cited by the Court, a plaintiff proceeding under that permission may rely on the Court and the United States Marshals Service to serve defendants. The Court also extended the service deadline so that the 90-day period would begin after any summonses were issued.
Ruling
Judge Cathy Seibel ordered the Clerk of Court to issue a summons for Leonie McDonald, complete the United States Marshals Service process form with McDonald’s address, and deliver all necessary documents to the Marshals Service for service. This order concerns service of process and does not resolve the claims against McDonald or otherwise decide the merits of the lawsuit.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.