Hussey v. Salgado
- Paul Gardephe
- 1:23-cv-02905
- U.S. District Court · Southern District of New York
- 2
In Hussey v. Salgado, Magistrate Judge Netburn ordered service updates and warned of possible default judgment after two defendants failed to respond.
The order directly affected plaintiff Yessuh Suhyes Hussey, defendants Mario Salgado, Michael Gabriele, and Thomas Ward, and the New York City Law Department. It required the Law Department to provide information about serving Salgado and warned Gabriele and Ward about the possible consequences of not responding.
What happened
In Hussey v. Salgado, Yessuh Suhyes Hussey, who was representing himself, had sued Mario Salgado, Michael Gabriele, an officer identified by shield number, and Thomas Ward, an officer identified by shield number. The court was assisting with serving the defendants.
The court said the New York City Law Department had not yet provided Salgado’s address. The U.S. Marshals Service had served Gabriele and Ward, but neither had responded to the amended complaint by the deadlines.
Judge Sarah Netburn ordered the Law Department to provide an update by September 22, 2023, including Salgado’s addresses or whether the City would accept service for him. She also directed the letter to address a possible response deadline for Gabriele and Ward and warned that their failure to respond could lead to a default judgment.
The detailed version
- Hussey v. Salgado · No. 1:23-cv-02905
- Paul Gardephe
- Sept. 7, 2023
Background
Yessuh Suhyes Hussey filed an amended complaint naming Mario Salgado, Officer Michael Gabriele, Shield # 3344, and Officer Thomas Ward, Shield # 21847, as defendants. The opinion states that Hussey was representing himself. Judge Paul G. Gardephe had referred the matter to Magistrate Judge Sarah Netburn for general pretrial supervision.
Because of Hussey’s status, the court ordered the New York City Law Department to determine Salgado’s address and provide it to the court. The Law Department had not yet done so. The U.S. Marshals Service served Gabriele on August 10, 2023, and Ward on August 21, 2023. Their responses to the amended complaint were due on August 17 and August 31, respectively, but neither defendant had responded by the time of the order.
Order
Judge Netburn directed the New York City Law Department to submit a letter updating the court by September 22, 2023. The letter had to provide Salgado’s last known business and personal address for service or state whether the City would accept service on his behalf. It also had to include, if appropriate, a proposed deadline for Gabriele and Ward to respond.
The court warned Gabriele and Ward that failing to respond to the amended complaint could result in entry of a default judgment. The Clerk of Court was directed to mail the order to the New York City Law Department. The opinion does not state that a default judgment had been entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.