Nevins v. Harvard Maintenance, Inc.
- John Koeltl
- 1:22-cv-05870
- U.S. District Court · Southern District of New York
- 3
In Nevins v. Harvard Maintenance, Judge Koeltl ordered U.S. Marshals service after allowing Nevins to proceed without paying filing fees.
Ryan Lee Nevins and Harvard Maintenance, Inc.; the order primarily addresses service of Nevins's lawsuit on the defendant.
What happened
In Nevins v. Harvard Maintenance, Inc., Ryan Lee Nevins sued his employer under federal, New York State, and New York City disability-discrimination laws. He was proceeding without a lawyer and had received permission to proceed without paying filing fees.
The court directed the Clerk of Court to issue a summons for Harvard Maintenance, Inc., complete the required service form, and give the necessary papers to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summons is issued and said Nevins should request more time if service is not completed by then.
Judge Koeltl also directed the Clerk to mail Nevins an information package. The order required Nevins to notify the court in writing if his address changes and stated that the court may dismiss the action if he fails to do so.
The detailed version
- Nevins v. Harvard Maintenance, Inc. · No. 1:22-cv-05870
- John Koeltl
- July 13, 2022
Background
Ryan Lee Nevins brought this action against Harvard Maintenance, Inc. under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged that his employer discriminated against him because of his disability. Nevins was proceeding without a lawyer. In an order dated July 11, 2022, the court allowed him to proceed without paying filing fees.
Service of the lawsuit
Because Nevins received permission to proceed without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Harvard Maintenance, Inc. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the required paperwork to the Marshals Service so it could serve the defendant.
The court extended the usual service period. Instead of measuring the 90-day period from the filing of the complaint, the deadline would be 90 days after the summons was issued. If the complaint was not served within that period, the court stated that Nevins should request an extension of time. The court also required him to notify the court in writing if his address changes and stated that it may dismiss the action if he fails to do so.
Disposition
The court entered an order of service. It instructed the Clerk to issue the summons, complete the service form with Harvard Maintenance, Inc.'s address, and provide the documents to the U.S. Marshals Service. It also directed the Clerk to mail Nevins an information package. Judge John G. Koeltl did not decide the underlying disability-discrimination claims in this order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.