Johnson v. City of New York
- George Daniels
- 1:20-cv-03083
- U.S. District Court · Southern District of New York
- 2
In Johnson v. City of New York, Judge Moses ordered U.S. Marshals service on Sheena Blaise and granted defendants more time to answer.
The order affects Vandyke Johnson, Sheena Blaise, the City of New York, Diana Alama, and Commissioner David A. Hansell by arranging service on Blaise and extending the other defendants’ response deadline.
What happened
In Johnson v. City of New York, the court addressed service of the lawsuit on Sheena Blaise, an employee of the New York City Administration for Children’s Services. Earlier, the court had directed the agency’s attorney to identify a Jane Doe defendant, and the plaintiff then filed a second amended complaint naming Blaise.
Because the plaintiff was allowed to proceed without paying filing fees, he could use the U.S. Marshals Service to serve Blaise. The court directed the Clerk of Court to prepare the required service form, issue a summons, and send the necessary papers to the Marshals Service.
The court also granted the City of New York, Diana Alama, and Commissioner David A. Hansell’s request to extend their deadline to answer or otherwise respond until 21 days after Blaise is served. Judge Barbara Moses signed the order.
The detailed version
- Johnson v. City of New York · No. 1:20-cv-03083
- George Daniels
- Jan. 12, 2021
Background
An earlier order directed the New York City Law Department, acting for the New York City Administration for Children’s Services, to identify a Jane Doe defendant and required the plaintiff to file a second amended complaint naming that person. The Law Department identified the defendant as Sheena Blaise, provided a service address, and the plaintiff filed a second amended complaint naming Blaise.
The plaintiff had been permitted to proceed without paying filing fees. Under the cited rules, a plaintiff in that situation may rely on the U.S. Marshals Service to serve defendants.
Rulings
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Blaise, issue a summons, and provide the Marshals Service with the documents needed to serve her.
The City of New York, Diana Alama, and Commissioner David A. Hansell requested, with the plaintiff’s consent, an extension of their deadline to answer or otherwise respond to the second amended complaint. The court granted that request, extending the deadline until 21 days after Blaise is served.
The court also directed the Clerk of Court to mail the order to the plaintiff and to close the letter-motion at docket entry 26. Judge Barbara Moses signed the order. The opinion does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.