Arroyo-Bey v. Manhattan North Management Co., Inc.

Background

Noel Arroyo-Bey brought this action without a lawyer under the Americans with Disabilities Act of 1990 (ADA) and the Federal Food, Drug, and Cosmetic Act (FDCA). The court had previously granted permission for Arroyo-Bey to proceed without paying filing fees. The court reviewed the complaint under the screening requirements that apply to such cases.

FDCA Claims

Arroyo-Bey relied on a provision concerning the emergency authorization of products by the Food and Drug Administration. The court held that the FDCA does not create a private right of action, meaning that an individual cannot use that statute to enforce alleged violations of it. The court therefore dismissed the claims asserted under the FDCA. The opinion did not state that this dismissal was with or without prejudice.

Service of the Complaint

Because Arroyo-Bey was allowed to proceed without paying filing fees, the court directed the U.S. Marshals Service to serve Manhattan North Management Co., Inc. The Clerk of Court was instructed to issue a summons, complete the required service form with the defendant’s address, and provide the Marshals Service with the necessary documents. The court extended the service deadline to 90 days after the summons is issued. The order also required Arroyo-Bey to notify the court in writing of any address change.

Disposition

Judge Analisa Torres dismissed the FDCA claims and directed the Clerk of Court to begin service of the action on Manhattan North Management Co., Inc. The opinion does not resolve the ADA allegations on their merits.