Davidson v. NYC Health and Hospitals Corporation
- Ronnie Abrams
- 1:22-cv-00764
- U.S. District Court · Southern District of New York
- 3
In Davidson v. New York City Health and Hospitals Corporation, Judge Abrams ordered Marshals service after granting Davidson a filing-fee waiver.
Ronald Davidson and New York City Health and Hospitals Corporation; the order primarily directs the Clerk of Court and the U.S. Marshals Service regarding service of the lawsuit.
What happened
Davidson v. New York City Health and Hospitals Corporation is a disability-discrimination case brought by Ronald Davidson, who is representing himself. He cites federal disability laws, civil-rights law, and New York City and New York State human-rights laws.
The court had allowed Davidson to proceed without paying filing fees. Because he was proceeding without fees and could not serve the defendant before the court reviewed his complaint and issued a summons, the court extended the service deadline to 90 days after the summons is issued.
Judge Ronnie Abrams directed the Clerk of Court to prepare the service paperwork and instructed the U.S. Marshals Service to serve New York City Health and Hospitals Corporation. The order did not decide whether Davidson’s discrimination claims were valid. Davidson must also notify the court if his address changes.
The detailed version
- Davidson v. NYC Health and Hospitals Corporation · No. 1:22-cv-00764
- Ronnie Abrams
- Apr. 15, 2022
Background
Ronald Davidson, who is proceeding without a lawyer, sued New York City Health and Hospitals Corporation. He alleges disability discrimination under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Section 2703 of the Affordable Care Act, 42 U.S.C. § 1983, federal regulations, and New York City and New York State human-rights laws.
The court had previously allowed Davidson to proceed without paying filing fees. In cases proceeding without those fees, the court and the U.S. Marshals Service are responsible for service of the summons and complaint.
Service Order
The court explained that the usual rule generally requires service within 90 days after the complaint is filed. Because Davidson could not serve the summons and complaint until the court reviewed the complaint and ordered a summons to be issued, the court extended the service period to 90 days after the summons is issued.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for New York City Health and Hospitals Corporation, issue a summons, and provide the necessary paperwork to the Marshals Service. The defendant’s listed service address is 125 Worth Street, New York, New York 10013.
Result
Judge Ronnie Abrams ordered the Clerk and the Marshals Service to take the steps needed to serve the defendant. The order also required Davidson to notify the court in writing if his address changes and stated that the case may be dismissed if he fails to do so. The opinion does not rule on the merits of Davidson’s discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.