Baltazar v. Goldfarb Properties
- Philip Halpern
- 7:22-cv-07363
- U.S. District Court · Southern District of New York
- 7
In Baltazar v. Goldfarb Properties, Judge Halpern designated the corrected complaint operative and ordered service through the U.S. Marshals Service.
The order affects Mynor Federico Nunez Baltazar, who is representing himself, and the four defendants: Goldfarb Properties, Inc.; Pelican Management, Inc.; Rockaway One Company, LLC; and Lindsay Heineman (Heck). It directs the Clerk of Court and the U.S. Marshals Service to carry out service.
What happened
In Baltazar v. Goldfarb Properties, Mynor Federico Nunez Baltazar, representing himself, sued under the Americans with Disabilities Act, the Fair Housing Act, and state and local laws, alleging that the defendants failed to accommodate his disability. The court had allowed him to proceed without prepaying filing fees.
The court treated Baltazar’s corrected amended complaint as the operative pleading. It ordered the Clerk of Court to issue summonses and provide the necessary documents to the U.S. Marshals Service so the Marshals could serve Goldfarb Properties, Inc., Pelican Management, Inc., Rockaway One Company, LLC, and Lindsay Heineman (Heck). The court stated that service would be due within 90 days after the summonses were issued and that Baltazar should request more time if necessary.
Judge Philip M. Halpern also directed that an information package be mailed to Baltazar and referred him to a free legal clinic for people representing themselves. The order did not decide whether his discrimination claims were legally valid. The court also denied fee-waiver status for any appeal from this order.
The detailed version
- Baltazar v. Goldfarb Properties · No. 7:22-cv-07363
- Philip Halpern
- May 31, 2023
Background
Mynor Federico Nunez Baltazar, who was representing himself, brought claims under the Americans with Disabilities Act, the Fair Housing Act, and state and local laws. He alleged that Goldfarb Properties, Inc.; Pelican Management, Inc.; Rockaway One Company, LLC; and Lindsay Heineman (Heck) discriminated against him by failing to accommodate his disability. The court had previously allowed Baltazar to proceed without prepaying court fees.
Chief Judge Laura Taylor Swain had directed Baltazar to amend his complaint to state valid claims under the Americans with Disabilities Act and the Fair Housing Act. Baltazar filed an amended complaint and then filed a corrected version four days later. The court designated the corrected amended complaint as the operative pleading, meaning it was the complaint that controlled the case.
Service of Process
Because Baltazar was allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to complete the Marshals Service process forms, issue summonses, and provide the Marshals Service with the documents needed to serve the four defendants.
The order stated that service should occur within 90 days after the summonses were issued. If service was not completed within that period, Baltazar was instructed to request an extension of time. The court also required him to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.
Other Directions and Disposition
The court directed the Clerk to mail Baltazar an information package and referred him to the New York Legal Assistance Group clinic for people representing themselves in civil cases. The referral did not provide the clinic with authority to file documents for Baltazar or make the clinic part of the court.
Judge Philip M. Halpern ordered that the corrected amended complaint was the operative pleading and directed issuance of summonses and service through the U.S. Marshals Service. The order did not reach the merits of Baltazar’s discrimination claims. The court certified that an appeal would not be taken in good faith and denied Baltazar permission to proceed without prepaying fees for an appeal from this order.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.