Samson v. Park Avenue Dialysis Center
- Paul Engelmayer
- 1:22-cv-10940
- U.S. District Court · Southern District of New York
- 13
In Samson v. Park Avenue Dialysis Center, Judge Engelmayer ordered service of the discrimination complaint and required help identifying Abrey Doe.
Hanook Samson, Park Avenue Dialysis Center, Annette Hyde, and the unidentified defendant Abrey Doe are affected. The order also directs actions by the Clerk of Court, the U.S. Marshals Service, and counsel for Park Avenue Dialysis Center.
What happened
In Hanook Samson v. Park Avenue Dialysis Center, Samson, representing himself, alleges that his employer discriminated against him because of race and national origin under federal, New York State, and New York City laws. The court also treated the complaint as raising claims under Title VII, the federal employment-discrimination law.
Because Samson was allowed to proceed without paying filing fees in advance, the court directed the Clerk and U.S. Marshals Service to issue and serve the complaint on Park Avenue Dialysis Center and Annette Hyde. The court also required the dialysis center’s counsel to find Abrey Doe’s last name and service address.
Judge Paul A. Engelmayer ordered the center’s counsel to provide that information within 60 days. Samson must file an amended complaint naming Abrey Doe within 30 days after receiving it; the court will then screen that amended complaint if necessary. The order did not decide whether the alleged discrimination occurred.
The detailed version
- Samson v. Park Avenue Dialysis Center · No. 1:22-cv-10940
- Paul Engelmayer
- Dec. 30, 2022
Background
Hanook Samson filed this action without a lawyer under 42 U.S.C. § 1981 and the New York State and New York City Human Rights Laws. He alleges that his employer discriminated against him because of his race and national origin. The court construed the complaint as also asserting claims under Title VII of the Civil Rights Act of 1964. The court had previously allowed Samson to proceed without prepaying filing fees.
Service on Two Defendants
Because Samson was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals with the documents needed to serve Park Avenue Dialysis Center and Annette Hyde.
The court extended the service period to 90 days after the summonses are issued. It stated that Samson should ask for more time if service is not completed within that period. The court also required Samson to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.
Identifying Abrey Doe
The court applied a rule requiring assistance in identifying an unknown defendant when a self-represented litigant provides enough information. It ordered counsel for Park Avenue Dialysis Center to determine Abrey Doe’s last name and the address where Abrey Doe can be served, and to provide that information to Samson and the court within 60 days.
After receiving the information, Samson must file an amended complaint within 30 days naming Abrey Doe. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk to prepare service documents for Abrey Doe.
Disposition
The court ordered the Clerk to issue summonses, complete the service forms for Park Avenue Dialysis Center and Annette Hyde, and deliver the necessary documents to the U.S. Marshals Service. It also directed the Clerk to send the order and complaint to counsel for Park Avenue Dialysis Center, mail Samson an information package, and provide an amended employment-discrimination complaint form. The order addressed service and identification of a defendant; it did not decide the merits of Samson’s discrimination allegations.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.