Aboul v. Amsterdam Hospitality

Background

Lahsen Aboul was proceeding without paying the usual filing fee and needed to serve Amsterdam Hospitality with the lawsuit. The order addressed how service would be arranged; it did not discuss the substance of Aboul's claims.

Instructions for service

The Clerk of Court was directed to send Aboul one U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form. Within 30 days after the order, Aboul had to complete the form for Amsterdam Hospitality and return it to the Court.

If Aboul did not want to use the Marshals Service, he had to notify the Court in writing within the same 30-day period and request that a summons be issued directly to him. After receiving a completed USM-285 form, the Clerk was directed to issue a summons and provide the necessary paperwork to the Marshals Service.

Deadlines and possible dismissal

Regardless of the service method, Aboul had to serve Amsterdam Hospitality within 120 days after the summons was issued. The order stated that Aboul was responsible for checking with the Marshals Service about whether service had occurred and, if necessary, requesting an extension.

The Court warned that it could dismiss the action for failure to pursue it if Aboul did not return the form or request a summons within 30 days, or if he did not complete service or request an extension within 120 days after issuance of the summons. Aboul also had to promptly notify the Court in writing of any address change, and the Court could dismiss the action if he failed to do so. The Clerk was directed to mail Aboul a copy of the order.

Disposition and significance

This was an order governing service of process, not a decision on the merits. Judge Ronnie Abrams set service procedures and deadlines and warned of possible dismissal for failure to comply; the opinion did not state that the action was dismissed.