Louis v. New York Presbyterian Hospital

Background

Sondest Louis brought a pro se action against New York Presbyterian Hospital under the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the New York State and New York City Human Rights Laws. The court had previously granted Louis permission to proceed without prepaying court fees.

Service of Process

Because Louis 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 the defendant. Service of process is the formal delivery of the summons and complaint to a defendant.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for New York Presbyterian Hospital, issue a summons, and deliver the necessary paperwork to the Marshals Service. The opinion states that service must occur within 90 days after the summons is issued. If service is not completed within that period, Louis should request an extension of time. The court also directed Louis to notify it in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Disposition

Judge Katherine Polk Failla ordered the Clerk to issue the summons, complete the service forms with the hospital’s address, provide the documents to the Marshals Service, and mail an information package to Louis. The order concerns service of the lawsuit; it does not decide the merits of Louis’s disability or human-rights claims.