Aobad v. Building Service 32 BJ Pension Fund

Background

Saeed S. Aobad, representing himself, brought an action under the Americans with Disabilities Act of 1990 (ADA). He alleges that the defendants discriminated against him because of his disability by denying his application for long-term disability pension benefits. The court also understood the complaint to assert claims under the Employee Retirement Income Security Act (ERISA).

The court had previously allowed Aobad to proceed without paying court fees in advance. This is commonly called proceeding without prepayment of fees. The order addressed how the defendants would receive formal service of the complaint and summonses; it did not resolve the merits of the ADA or ERISA claims.

Court’s Action

Because Aobad was proceeding without prepayment of fees, the court stated that he could rely on the court and the U.S. Marshals Service to complete service. The Clerk of Court was instructed to prepare a U.S. Marshals Service process form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service.

The defendants identified for service were Building Service 32 BJ Pension Fund, Building Service 32 BJ Health Fund, and Building Service 32 BJ Benefits Fund. The court stated that service should occur within 90 days after the summonses are issued. If service is not completed within that period, Aobad should request more time. The court also directed Aobad to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition

Judge J. Paul Oetken ordered the Clerk of Court to issue the summonses, complete the service forms with the defendants’ addresses, and deliver the documents to the U.S. Marshals Service. The Clerk was also instructed to mail Aobad an information package. The order made no ruling on whether the alleged disability discrimination occurred or whether Aobad is entitled to pension benefits.