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S.D.N.Y.Procedural orderFiled July 24, 2020

Gross v. The City of New York

Judge
Robert Lehrburger
Docket
1:20-cv-04340
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Gross v. The City of New York, Judge Netburn directed the clerk to help a pro se plaintiff serve the defendants.

Who this affects

Abraham Gross and the City of New York, the named individual defendants, and Breaking Ground and its named individuals, because the order established steps for serving them with the lawsuit.

What happened

In Gross v. The City of New York, Abraham Gross, representing himself, needed to serve the City of New York and the other named defendants with the lawsuit.

The court directed the Clerk of Court to prepare service forms and summons materials for the U.S. Marshals Service. It listed service addresses for the City, individual defendants, and Breaking Ground.

Judge Sarah Netburn also stated that Gross was responsible for completing service within 90 days after the summons was issued and for requesting more time if necessary. The order did not decide the merits of the lawsuit.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gross v. The City of New York · No. 1:20-cv-04340
Judge
Robert Lehrburger
Date
July 24, 2020

Background

Abraham Gross was proceeding without a lawyer. He brought the case against the City of New York; Louise Carroll; Anna-Marie Hendrickson; Margaret Brown; Babba Halm; Victor Hernandez; Shatara Pell; Edwin Lugo; Nidia Dormi; Gabriel Mombrun; Harold Weinberg; Nick Lundgren; Samantha Schonfeld; Breaking Ground; Jeanne-Marie Williams; Brenda Rosen; Terresa Palmieri; Vanessa Cucurullo; Stephanie Labarta; and Travis Fong.

Order

To allow Gross to serve the defendants, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant. The clerk was also instructed to issue a summons and provide the Marshals Service with the paperwork needed to make service. The order identified service addresses for the City of New York, the individual defendants associated with the New York City Department of Housing Preservation & Development, and Breaking Ground.

Requirements for Plaintiff

The court stated that Gross was responsible for ensuring that service was completed within 90 days after the summons was issued. If necessary, he had to request an extension of the service deadline. He also had to notify the court in writing if his address changed, and the court stated that it could dismiss the action if he failed to do so. The Clerk of Court was directed to mail Gross a copy of the order.

Disposition

This was an order concerning service of process—the formal delivery of the lawsuit and summons to defendants. It did not decide the underlying claims. Judge Sarah Netburn ordered the clerk to take the listed steps to facilitate service through the U.S. Marshals Service.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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