El Bey v. Cubesmart Self Storage

Background

The plaintiff, appearing without a lawyer, brought an action under the Americans with Disabilities Act (ADA) and the “Mental Health Acts,” seeking damages. The court construed the complaint as asserting at least claims under Title III of the ADA, the New York State Human Rights Law, and the New York City Human Rights Law. The court stated that the plaintiff sought damages and injunctive relief. The court had previously granted her permission to proceed without prepaying filing fees.

Service of process

Because the plaintiff was allowed to proceed without prepaying fees, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual rule requires service within 90 days after filing, but the plaintiff could not serve the defendants until the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses are issued. The plaintiff remained responsible for requesting an extension if necessary.

The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each of “Cubesmart Self Storage,” “Cubesmart Store 0558,” and “Cubesmart Corp.” It also directed the Clerk to issue summonses and provide the Marshals Service with the paperwork needed to serve those defendants.

Other requirements and disposition

The plaintiff was required to notify the court in writing if her address changed, and the court stated that it could dismiss the action if she failed to do so. The Clerk was directed to send the plaintiff a copy of the order and an information package. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Gregory H. Woods did not decide the merits of the plaintiff’s disability-related claims in this order.