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S.D.N.Y.Procedural orderFiled Oct. 22, 2020

Moore v. NYC Health Hospital

Judge
James Oetken
Docket
1:18-cv-00496
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Moore v. NYC Health Hospital, Judge Oetken ordered steps for Marshals Service to serve C.O. Jones and reminded Moore about service deadlines.

Who this affects

Daniel Moore, C.O. Jones, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Moore v. NYC Health Hospital, the court directed the Clerk to prepare the paperwork needed for the U.S. Marshals Service to serve Defendant C.O. Jones.

The court said Moore must make sure service occurs within 90 days after the summons is issued and must ask for more time if needed. Moore must also notify the court in writing if his address changes.

Judge J. Paul Oetken ordered the Clerk to complete the service forms with C.O. Jones’s address and deliver the necessary documents to the Marshals Service. The order did not address the merits of Moore’s claims.

The detailed version

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

Case
Moore v. NYC Health Hospital · No. 1:18-cv-00496
Judge
James Oetken
Date
Oct. 22, 2020

Background

This is an order about serving Defendant C.O. Jones with the lawsuit. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the paperwork needed to make service.

Requirements for Plaintiff

The court stated that Plaintiff Daniel Moore is responsible for ensuring that service is completed within 90 days after the summons is issued. If necessary, Moore must request an extension of the service deadline. The court also required Moore to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Ruling

Judge J. Paul Oetken ordered the Clerk to complete the service forms with the address for C.O. Jones and deliver the documents needed for service to the U.S. Marshals Service. The order concerns service of process and does not decide the underlying claims.

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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