Goldberg v. Stein Saks, PLLC
- Vyskocil
- 1:23-cv-03089
- U.S. District Court · Southern District of New York
- 4
In Goldberg v. Stein Saks, Judge Vyskocil dismissed Goldberg’s class claims without prejudice and ordered Marshals Service of Stein Saks.
Mark Goldberg’s claims on behalf of other people were dismissed without prejudice. His individual claims were not resolved by this order. Stein Saks, PLLC was affected by the court’s direction to arrange service through the U.S. Marshals Service.
What happened
In Goldberg v. Stein Saks, PLLC, Mark Goldberg, representing himself, sued under Title III of the Americans with Disabilities Act and asserted state-law claims. The court explained that a nonlawyer may represent only himself, not other people in a class action.
The court dismissed without prejudice any claims Goldberg was asserting on behalf of others. Because Goldberg had permission to proceed without paying filing fees in advance, the court directed the Clerk to issue a summons and provide the necessary paperwork to the U.S. Marshals Service so it could serve Stein Saks, PLLC.
The court did not decide the merits of Goldberg’s individual claims. Judge Vyskocil also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Goldberg v. Stein Saks, PLLC · No. 1:23-cv-03089
- Vyskocil
- Apr. 26, 2023
Background
Mark Goldberg, who was proceeding without a lawyer, brought claims under Title III of the Americans with Disabilities Act and also asserted state-law claims. The court had previously allowed him to proceed without prepaying filing fees.
Class Claims
The court held that a person representing himself cannot represent other people in court and therefore cannot serve as a class representative. It dismissed without prejudice any claims Goldberg was asserting on behalf of others. “Without prejudice” means those claims were not barred from being brought again, although the order did not address what further filing or representation would be required.
Service of Process
Because Goldberg had been allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to complete a U.S. Marshals Service process form, issue a summons for Stein Saks, PLLC, and deliver the necessary documents to the Marshals Service for service. The order states that service must occur within 90 days after the summons is issued, and that Goldberg should request an extension if service is not completed within that period. Goldberg was also required to notify the court in writing if his address changed.
Disposition
The court dismissed without prejudice Goldberg’s class action claims on behalf of others. It did not rule on the merits of his individual Americans with Disabilities Act or state-law claims. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying filing fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.