Ford v. The Board of Education of The City School District of the City of NY
- Katharine Parker
- 1:19-cv-06327
- U.S. District Court · Southern District of New York
- 3
In Ford v. Board of Education, Judge Parker ordered U.S. Marshals service and extended the service deadline after a clerical error.
The order directly affected Brian Ford, the two named defendants, the Clerk of Court, and the U.S. Marshals Service by arranging service of the lawsuit and setting the service deadline.
What happened
Ford v. The Board of Education of The City School District of the City of NY involves Brian Ford’s case against the New York City Board of Education and Carmen Farina. Ford had been allowed to proceed without paying court fees, so the court was responsible for arranging service of the lawsuit.
The court found that an earlier order had not reached the U.S. Marshals Service because of a clerical error. It extended the service deadline to 90 days after the summons is issued and directed the Clerk of Court to prepare the required forms, issue the summons, and send the necessary papers to the Marshals Service.
Judge Katharine H. Parker also ordered Ford to notify the court in writing if his address changes. The order did not decide the claims’ merits; it addressed service of the defendants.
The detailed version
- Ford v. The Board of Education of The City School District of the City of NY · No. 1:19-cv-06327
- Katharine Parker
- Sept. 1, 2020
Background
Brian Ford sued The New York City Board of Education, also known as the Department of Education, and Carmen Farina in her official capacity as Chancellor. Ford had permission to proceed without prepaying court fees. The court stated that, in those circumstances, he could rely on the court and the U.S. Marshals Service to serve the summons and amended complaint.
The court learned that its August 24 order had not reached the Marshals Service. It explained that federal procedural rules generally require service within 90 days after a complaint is filed, but Ford could not serve the summons and amended complaint until the court reviewed the amended complaint and ordered a summons issued.
Ruling
Because of the clerical error, the court extended the time for service until 90 days after the summons was issued. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and deliver the necessary paperwork to the Marshals Service so that service could be completed.
The court also required Ford to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so. Judge Katharine H. Parker signed the order. The opinion addressed service and related administrative requirements; it did not resolve the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.