Arroyo-Bey v. Modern Orthodontics
- Analisa Torres
- 1:23-cv-03511
- U.S. District Court · Southern District of New York
- 6
In Arroyo-Bey v. Modern Orthodontics, Judge Torres ordered Marshals service and denied permission to proceed without paying fees on appeal, without deciding the disability claim.
Noel Arroyo-Bey, Modern Orthodontics, Dr. Kenneth Cooperman, the Clerk of Court, and the U.S. Marshals Service. The order sets up service of the lawsuit and denies Arroyo-Bey permission to proceed without prepaying fees for an appeal from this order.
What happened
In Arroyo-Bey v. Modern Orthodontics, Noel Arroyo-Bey, who is representing himself, alleges that Modern Orthodontics and Dr. Kenneth Cooperman discriminated against him because of his disability under the Americans with Disabilities Act. The court had already allowed him to proceed without paying filing fees.
The court ordered the Clerk to issue summonses, complete service forms, and send the necessary papers to the U.S. Marshals Service so the defendants could be served. Service must occur within 90 days after the summonses are issued, unless the plaintiff asks for more time. The court also referred Arroyo-Bey to a free legal clinic for people representing themselves.
Judge Analisa Torres did not decide whether the defendants violated the Americans with Disabilities Act. She ordered the service steps and denied Arroyo-Bey permission to proceed without paying fees for an appeal from this order, stating that such an appeal would not be taken in good faith.
The detailed version
- Arroyo-Bey v. Modern Orthodontics · No. 1:23-cv-03511
- Analisa Torres
- May 8, 2023
Background
Noel Arroyo-Bey, appearing without a lawyer, sued Modern Orthodontics and Dr. Kenneth Cooperman under the Americans with Disabilities Act. He alleges that the defendants discriminated against him because of his disability. In an earlier order dated April 28, 2023, the court allowed him to proceed without prepaying filing fees.
Service of Process
Because Arroyo-Bey was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants with the summonses and complaint. The court extended the service deadline to 90 days after the summonses are issued because he could not serve the papers before the court reviewed the complaint and ordered the summonses issued.
The Clerk of Court was instructed to complete service forms for Modern Orthodontics and Dr. Kenneth Cooperman, issue summonses, and deliver the necessary papers to the Marshals Service. If service is not completed within 90 days after the summonses are issued, Arroyo-Bey should request an extension of time. The court also directed him to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Legal Assistance Referral
The court referred Arroyo-Bey to the New York Legal Assistance Group Clinic for People Representing Themselves in the Southern District of New York. The order describes the clinic as a private organization that provides free, limited assistance in civil cases; it is not part of the court and cannot file papers for a litigant.
Disposition
Judge Analisa Torres ordered the Clerk to issue the summonses, complete the service forms, and send the documents to the U.S. Marshals Service. The court also directed the Clerk to mail Arroyo-Bey an information package and referred him to the legal clinic. The court did not rule on the merits of his disability-discrimination allegations. It certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for that appeal.
Classification Basis
This is a procedural order because it addresses service of process, a legal-assistance referral, and permission to proceed without prepaying fees on appeal. It does not decide whether the defendants discriminated against Arroyo-Bey.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.