Komatsu v. The City of New York
- Edgardo Ramos
- 1:20-cv-08540
- U.S. District Court · Southern District of New York
- 4
In Komatsu v. The City of New York, Judge Ramos ordered service on the City through Marshals and extended the service deadline.
Towaki Komatsu and the defendants in the related cases, especially the City of New York; the order directed service on the City but did not require service on the remaining defendants at that time.
What happened
In Komatsu v. The City of New York, Towaki Komatsu, representing himself, alleged that defendants unlawfully prevented him from attending or participating in public meetings. He brought claims under federal civil-rights laws and New York law.
Because Komatsu was allowed to proceed without paying filing fees, the court said the U.S. Marshals Service would serve the City of New York. The court directed the Clerk to issue a summons and prepare the required service paperwork for the City.
Judge Edgardo Ramos extended the service deadline to 90 days after the summons is issued and said Komatsu must ask for more time if service is not completed by then. The order did not decide the underlying claims or direct service on the other defendants at this time.
The detailed version
- Komatsu v. The City of New York · No. 1:20-cv-08540
- Edgardo Ramos
- Nov. 17, 2020
Background
Towaki Komatsu, proceeding without a lawyer, filed several related cases against the City of New York and other defendants. He alleged that the defendants unlawfully prevented him from attending or participating in several public meetings. The opinion states that he asserted claims under 42 U.S.C. §§ 1983, 1985, and 1988, as well as New York State law.
The court had granted Komatsu permission to proceed without paying filing fees in each of the cases addressed by the order. The order covers cases 20-CV-8540, 20-CV-8933, 20-CV-9151, 20-CV-9154, and 20-CV-9354. The court also identified cases 20-CV-7502, 20-CV-8004, and 20-CV-8251 as related to the lead case.
Service instructions
The court directed the Clerk of Court to issue a summons only for the City of New York at this stage and to send the necessary documents to the U.S. Marshals Service. The court explained that a person allowed to proceed without paying fees may rely on the court and the Marshals Service to carry out service of process, which is the formal delivery of the lawsuit documents to a defendant.
The court stated that the other defendants were employed by the City of New York, according to the information before it, and that many of the same defendants appeared in multiple cases. To promote efficient handling of the cases, the court postponed deciding whether the remaining defendants should be served under Federal Rule of Civil Procedure 4(m).
The court also extended the time for service. Although Rule 4(m) generally requires service within 90 days after a complaint is filed, the court said Komatsu could not serve the defendants until the court reviewed the complaints and ordered summonses issued. The service period therefore runs for 90 days after the summons is issued. If service is not completed within that period, Komatsu should request an extension. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Disposition
The court ordered the Clerk to mail Komatsu a copy of the order and an information package, complete the service form for the City of New York, issue a summons, and deliver the service materials to the U.S. Marshals Service. This order addressed service of process and did not decide whether Komatsu's claims were legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.