Terez v. Kambouris
- John Koeltl
- 1:22-cv-02834
- U.S. District Court · Southern District of New York
- 2
In Terez v. Kambouris, Judge Koeltl ordered Corporation Counsel to help locate an unserved defendant before considering the City’s conference request.
The self-represented plaintiff, Manolis Kambouris, Corporation Counsel, and the City are affected by the service-location directive and the postponement of consideration of the requested pre-motion conference.
What happened
In Terez v. Kambouris, the City asked for a conference about an expected motion for summary judgment. The City also reported that defendant Manolis Kambouris had not been served.
The court said the plaintiff, who is representing himself, was entitled to help identifying and locating Kambouris. Court-authorized service by the United States Marshals Service had failed because Kambouris was on long-term medical leave.
Judge John G. Koeltl ordered Corporation Counsel to provide by September 11, 2023, an address where Kambouris could be served or an explanation of why he could not be located. The court said it would consider the City’s conference request after reviewing that submission.
The detailed version
- Terez v. Kambouris · No. 1:22-cv-02834
- John Koeltl
- Aug. 28, 2023
Background
The court received the City’s August 24, 2023 letter requesting a pre-motion conference concerning the City’s anticipated motion for summary judgment. The letter also stated that individual defendant Manolis Kambouris had not yet been served.
The plaintiff is representing himself. Relying on a Second Circuit decision concerning court assistance in identifying and locating defendants, the court explained that the plaintiff was entitled to that assistance. The court’s earlier service order had directed the United States Marshals Service to serve Kambouris, identified in the opinion as a police officer with the New York City Police Department, at the department’s 46th Precinct. The Marshals Service later reported that it could not serve Kambouris there because he was on long-term medical leave.
Order
The court ordered Corporation Counsel to provide, by September 11, 2023, an address where Kambouris could be served while he was on medical leave, or an explanation of why Kambouris could not be located. The court stated that it would revisit the City’s request for a pre-motion conference after considering that submission. This order did not decide the anticipated summary-judgment motion or the merits of the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.