Simmons v. Kleinman

Background

Paul Farrad Simmons filed a lawsuit under the court’s federal-question jurisdiction, asserting claims under the Americans with Disabilities Act and other federal laws. The opinion states that Simmons was proceeding without a lawyer. In an earlier order, the court allowed him to proceed without paying filing fees upfront.

Service of process

Because Simmons was allowed to proceed without paying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court noted that the usual rule requires service within 90 days after filing the complaint, but Simmons could not serve the defendants until the court reviewed the complaint and ordered summonses issued.

The court therefore extended the service period to 90 days after the summonses were issued. It stated that, if service was not completed within that period, Simmons should request more time. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed for service.

The defendants identified for service were United Healthcare, Delores Hollingsworth, Martin Kleinman, and “Ms. Angela” of the Human Resources Department at Americare Home Healthcare Services. The order also required Simmons to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Ruling

Judge Katherine Polk Failla ordered the Clerk to issue the summonses, complete the service forms with the listed addresses, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Simmons a copy of the order and an information package. The order did not resolve the merits of Simmons’s claims.