Reeves v. CMP Consultants, Inc.
- Rearden
- 1:23-cv-01308
- U.S. District Court · Southern District of New York
- 4
In Reeves v. CMP Consultants, Judge Rearden ordered the U.S. Marshals Service to serve Reeves’s amended housing-discrimination complaint.
Michael Reeves, the five named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Reeves v. CMP Consultants, Inc., Michael Reeves, who is representing himself, alleges that the defendants discriminated against him based on race by withholding an apartment he won through New York City’s Affordable Housing Lottery. He brings claims under the Fair Housing Act, New York State Human Rights Law, and New York City Human Rights Law.
The court had allowed Reeves to proceed without paying court fees and had ordered him to amend his complaint. After he filed the amended complaint, the court directed the Clerk of Court to issue summonses, prepare service forms, and give the necessary documents to the U.S. Marshals Service so it could serve the defendants.
Judge Jennifer H. Rearden also extended the service deadline to 90 days after the summonses are issued and instructed Reeves to request more time if service is not completed by then. The order concerns service of the lawsuit and does not decide whether Reeves’s discrimination claims are valid.
The detailed version
- Reeves v. CMP Consultants, Inc. · No. 1:23-cv-01308
- Rearden
- May 8, 2023
Background
Michael Reeves, appearing without a lawyer, brings claims under the Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law. He alleges that the defendants discriminated against him because of his race by withholding an apartment he won through the New York City Affordable Housing Lottery.
The defendants are CMP Consultants, Inc.; Marita Ponce; Orlando Ponce; Dermot Realty Management Company, Inc.; and 101 West End REIT, LLC. The court had previously allowed Reeves to proceed without prepaying court fees and had ordered him to file an amended complaint. Reeves filed that amended complaint on April 26, 2023.
Service of the Amended Complaint
Because Reeves 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 defendants. The court therefore directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service.
The court extended the time for service until 90 days after the summonses are issued. It stated that Reeves should request an extension if the amended complaint is not served within that period. The court also instructed Reeves to notify it in writing if his address changes and warned that the action may be dismissed if he fails to do so. The Clerk was further instructed to mail Reeves an information package.
Ruling and Effect
Judge Jennifer H. Rearden ordered the Clerk of Court to issue the summonses, complete the service forms with the listed addresses, and provide the documents to the U.S. Marshals Service. This order addressed how the defendants would receive formal notice of the lawsuit; it did not decide the merits of Reeves’s discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.