Abadi v. NYU Langone Health System
- Ronnie Abrams
- 1:21-cv-11073
- U.S. District Court · Southern District of New York
- 3
In Abadi v. NYU Langone Health System, Judge Abrams ordered Marshals service for the pro se disability-accommodation lawsuit and denied IFP status for an appeal.
Aaron Abadi and the six identified defendants who the court directed the U.S. Marshals Service to serve: NYU Langone Health System, Cicil S. Chamakalayil, Kirk A. Campbell, Ana Barbecho, John G. Zampella, and Michelle Morehead.
What happened
In Abadi v. NYU Langone Health System, Aaron Abadi, representing himself, alleges that NYU Langone Health System and individual defendants failed to accommodate his disability. He brings claims under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Affordable Care Act, and New York laws.
Because the court had already allowed Abadi to proceed without paying filing fees, it ordered the Clerk of Court to prepare forms and summonses so the U.S. Marshals Service could serve six identified defendants. Abadi must request more time if service is not completed within 90 days after the summonses are issued, and he must notify the court if his address changes.
Judge Ronnie Abrams issued an order of service on February 8, 2022. The order did not decide whether Abadi’s disability-accommodation claims were valid; it also denied permission to proceed without paying fees for any appeal from this order.
The detailed version
- Abadi v. NYU Langone Health System · No. 1:21-cv-11073
- Ronnie Abrams
- Feb. 8, 2022
Background
Aaron Abadi, who is proceeding without a lawyer, brought claims against NYU Langone Health System, six named individuals, and unnamed NYU Langone employees. He alleges that the defendants failed to accommodate his disability. The complaint invokes the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Affordable Care Act, and various New York City and New York State laws.
The court had previously granted Abadi permission to proceed without prepaying filing fees. In such cases, the court explained, the U.S. Marshals Service must serve the defendants when the plaintiff provides the information needed to identify them.
Court’s actions
The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for these defendants: NYU Langone Health System, Cicil S. Chamakalayil, Kirk A. Campbell, Ana Barbecho, John G. Zampella, and Michelle Morehead. The Clerk was also instructed to issue summonses and send the documents needed for the Marshals Service to serve them.
Service must be completed no later than 90 days after the summonses are issued. If service is not completed within that period, Abadi must request an extension of time. The court also stated that Abadi must notify the court in writing if his address changes during the case and that the case may be dismissed if he fails to do so.
Disposition
The court entered an order of service and directed the Clerk to mail Abadi a copy of the order and an information package. It certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to proceed without prepaying fees for an appeal. The order did not rule on the merits of Abadi’s disability-accommodation claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.