Rivers v. Verizon Communication of New York

Background

Alvin A. Rivers, appearing without a lawyer, brought claims against Verizon Communication of New York and the Federal Communications Commission. He invoked the Americans with Disabilities Act, 42 U.S.C. § 12182 and following provisions; 42 U.S.C. § 1983; and state law, alleging that the defendants violated his rights.

The court had previously granted Rivers permission to proceed without prepaying filing fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the summons and complaint.

Service Order

Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed. The court concluded that Rivers could not have served the defendants before the court reviewed the complaint and ordered that a summons be issued. It therefore extended the service period until 90 days after the summons is issued. The court stated that, if service is not completed within that period, Rivers should request an extension of time.

The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms for Verizon and the Federal Communications Commission. For the Commission, the Clerk was also instructed to mark the form for service on the United States. The Clerk was directed to issue the summons and deliver the necessary paperwork to the Marshals Service.

Additional Direction and Effect

Rivers must notify the court in writing if his address changes. The court stated that the action may be dismissed if he fails to do so.

Judge Paul A. Engelmayer’s order addressed service of process—the formal delivery of the lawsuit papers to the defendants—and related case administration. It did not decide the merits of Rivers’s claims or determine whether either defendant violated the law.