Daniels v. Double Tree by Hilton Times Square West
- Lewis Liman
- 1:23-cv-04162
- U.S. District Court · Southern District of New York
- 3
In Daniels v. DoubleTree by Hilton Times Square West, Judge Liman ordered U.S. Marshals to serve the defendant for pro se plaintiff Daniels.
Tyree Daniels, who is appearing without a lawyer, and DoubleTree by Hilton Times Square West, which is to be served through the U.S. Marshals Service.
What happened
Daniels v. DoubleTree by Hilton Times Square West involves Tyree Daniels’s state-law negligence claims, brought under diversity-of-citizenship jurisdiction. Daniels is representing himself and received permission to proceed without paying court fees in advance.
The court instructed the Clerk of Court to issue a summons, prepare service forms, and send the necessary papers to the U.S. Marshals Service so it could serve DoubleTree. The service deadline was extended to 90 days after the summons is issued. The order did not decide whether Daniels’s negligence claims have merit.
Judge Lewis J. Liman also directed the Clerk to mail Daniels an information package and warned that Daniels must notify the court of any address change. If service is not completed within the deadline, Daniels should request more time.
The detailed version
- Daniels v. Double Tree by Hilton Times Square West · No. 1:23-cv-04162
- Lewis Liman
- May 25, 2023
Background
Tyree Daniels, appearing without a lawyer, brought state-law negligence claims against DoubleTree by Hilton Times Square West. The complaint invokes the court’s diversity-of-citizenship jurisdiction. In an order dated May 23, 2023, the court granted Daniels permission to proceed without prepaying filing fees.
Court’s action
Because Daniels 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. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for DoubleTree, and deliver the required paperwork to the Marshals Service.
The court extended the service period to 90 days after the summons is issued because Daniels could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, Daniels should request an extension of time. The court also directed Daniels to notify it in writing of any address change and directed the Clerk to mail him an information package.
Disposition and significance
The order concerns service of process and administration of Daniels’s fee-free case. It does not decide the merits of the negligence claims or state whether DoubleTree is liable. The court ordered the Clerk to issue the summons and provide the documents needed for service by the U.S. Marshals Service.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.