Davidson v. NYC Health and Hospitals Corporation
- Stewart Aaron
- 1:22-cv-00764
- U.S. District Court · Southern District of New York
- 2
In Davidson v. New York City Health and Hospitals Corporation, Judge Aaron ordered renewed service efforts and extended the service deadline.
Ronald Davidson and New York City Health and Hospitals Corporation; the Clerk of Court and the U.S. Marshals Service were directed to take steps to complete service.
What happened
In Davidson v. New York City Health and Hospitals Corporation, the court addressed repeated unsuccessful attempts to serve the defendant with the lawsuit. The U.S. Marshals Service could not serve the defendant at its former address or through the email address provided by the court.
The court directed the Clerk of Court to prepare a new service form using an address at 50 Water Street in New York and to issue an amended summons. The Clerk was also directed to give the Marshals Service the paperwork needed to make service.
Judge Stewart D. Aaron extended the time for service for good cause to 90 days from January 31, 2023. The order did not decide the underlying claims.
The detailed version
- Davidson v. NYC Health and Hospitals Corporation · No. 1:22-cv-00764
- Stewart Aaron
- Jan. 31, 2023
Background
The court had previously directed service on New York City Health and Hospitals Corporation, referred to in the order as H+HC. A summons was issued, but the U.S. Marshals Service reported that it could not complete service because H+HC was no longer at its former address on Worth Street. The court then directed service through an email address, but the Marshals Service later reported that the email address was invalid because it returned a “no domain” message.
Order
The court directed the Clerk of Court to complete a USM-285 service form for H+HC using the address 50 Water Street, 17th Floor, New York, New York 10004. The court also directed the Clerk to issue an amended summons and provide the Marshals Service with the paperwork needed to serve H+HC.
The court extended the time for service for good cause. The new period runs for 90 days from January 31, 2023. The order states that if the complaint is not served within that period after the summons is issued, the plaintiff should request another extension of time.
Effect of the Order
This was an order about service of process—the formal delivery of the lawsuit papers to the defendant. It did not decide the merits of Davidson’s claims or enter judgment for either party. Judge Stewart D. Aaron issued the amended and supplemental order of service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.