Bell v. Intergen Health Management

Background

James Bell filed an amended complaint against Intergen Health Management. Bell is representing himself and invoked federal-question jurisdiction. He described the bases of his claims as racial discrimination and an Americans with Disabilities Act violation. The court construed the amended complaint as asserting a claim under 42 U.S.C. § 1981 and claims under state law.

The court had previously granted Bell permission to proceed without prepaying filing fees. The opinion states that Intergen Health Management is of the Bronx, New York, and lists a service address at 292 East 149th Street, Bronx, New York 10451.

Service Decision

Because Bell was allowed to proceed without prepaying fees, the court concluded that he could rely on the court and the U.S. Marshals Service to serve Intergen. The Clerk of Court was directed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with Intergen’s address, and provide the Marshals Service with the documents needed to serve the summons and amended complaint.

The court explained that the usual 90-day service period runs from the filing of the complaint, but Bell could not have served the summons and amended complaint until the court reviewed the amended complaint and ordered that a summons be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Bell should request an extension of time. Bell was also required to notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

What the Order Does Not Decide

The order directs service and does not decide the merits of Bell’s claims. It does not determine whether Intergen violated federal or state law. Judge John P. Cronan also directed the Clerk of Court to mail Bell an information package.