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S.D.N.Y.Procedural orderFiled July 25, 2022

Golden v. Verizon

Judge
Ronnie Abrams
Docket
1:22-cv-05757
Court
U.S. District Court · Southern District of New York
Pages
3
ADA / DisabilityCivil ProcedurePro Se
In one sentence

In Golden v. Verizon, Judge Abrams directed the U.S. Marshals Service to serve Verizon for pro se plaintiff Timothy J. Golden; the claims were not decided.

Who this affects

Timothy J. Golden and Verizon; the order also directs the Clerk of Court and the U.S. Marshals Service to carry out service.

What happened

In Golden v. Verizon, Timothy J. Golden sued Verizon under the Americans with Disabilities Act and New York’s Human Rights Law, alleging disability discrimination by his employer. He was representing himself and had permission to proceed without prepaying court fees.

The court ordered the Clerk of Court to prepare the paperwork and summons and send them to the U.S. Marshals Service so the Marshals could serve Verizon. The service deadline was extended to 90 days after the summons is issued; Golden was told to request more time if service is not completed by then.

Judge Ronnie Abrams also directed the Clerk to mail Golden an information package and a copy of the order. The order addressed service and related procedures; it did not decide whether Golden’s discrimination claims were valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Golden v. Verizon · No. 1:22-cv-05757
Judge
Ronnie Abrams
Date
July 25, 2022

Background

Timothy J. Golden brought this action against Verizon under the Americans with Disabilities Act of 1990 and the New York State Human Rights Law. He alleged that his employer discriminated against him because of his disability. Golden was proceeding without a lawyer. In an earlier order dated July 8, 2022, the court allowed him to proceed without prepaying filing fees.

Service of the lawsuit

Because Golden was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Verizon with the summons and complaint. The court instructed the Clerk of Court to complete the U.S. Marshals Service Process Receipt and Return form with Verizon’s address, issue a summons, and provide the Marshals Service with the documents needed to make service.

The court stated that the usual 90-day service period runs from the filing of the complaint, but that Golden could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period until 90 days after the summons is issued. If service is not completed within that period, Golden was instructed to request an extension of time. The court also required him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Disposition and scope of the order

Judge Ronnie Abrams ordered the Clerk to complete the service forms, send the necessary documents to the U.S. Marshals Service, and mail Golden an information package and a copy of the order. This order concerned service and other case-management procedures. It did not decide the merits of Golden’s disability-discrimination claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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