Francis v. City of New York
- George Daniels
- 1:18-cv-06468
- U.S. District Court · Southern District of New York
- 2
In Francis v. City of New York, Judge Lehrburger ordered service on two officers and required a revised case schedule after service.
Hopeton A. Francis, Police Officer Evelyn Oropezazuniga, Sergeant Luis Rodriguez, and the City of New York; the order primarily directs the Clerk, the U.S. Marshals Service, Francis, and the parties regarding service and scheduling.
What happened
In Francis v. City of New York, the court considered Defendants’ status report concerning the two officers named in the amended complaint.
The court directed the Clerk to prepare service forms, issue a summons, and give the necessary papers to the U.S. Marshals Service so the officers could be served. The parties must discuss and submit a revised schedule within 30 days after both officers are served.
Judge Robert W. Lehrburger also stated that Francis is responsible for ensuring service within 90 days after the summons is issued or requesting more time if needed. The order did not decide the underlying claims.
The detailed version
- Francis v. City of New York · No. 1:18-cv-06468
- George Daniels
- Dec. 30, 2020
Background
The court received a status report from the defendants. The amended complaint named Police Officer Evelyn Oropezazuniga and Sergeant Luis Rodriguez as defendants along with the City of New York.
Order
The court instructed the Clerk of Court to complete U.S. Marshals Service process receipt and return forms for Oropezazuniga and Rodriguez using the addresses listed in the complaint. The Clerk was also instructed to issue a summons and provide the paperwork needed for the Marshals Service to serve those defendants.
The order states that Francis must ensure service within 90 days after the summons is issued. If necessary, Francis must request an extension of that deadline. Within 30 days after both officers are served, the parties must meet and discuss a revised schedule for the rest of the case.
Disposition
Judge Robert W. Lehrburger issued an order concerning service and scheduling. The order did not rule on the merits of Francis’s claims or state a disposition of the claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.