Gerard v. 1199 National Benefit Funds

Background

Ted Gerard brought claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and New York State and City human-rights laws. The defendants are 1199 National Benefit Funds; 1199 SEIU Benefit and Pension Funds; Kevin Hurley; and Richard Whitter. Gerard is representing himself.

The court had granted Gerard permission to proceed without prepaying filing fees. This status is commonly called proceeding without fees in advance. Because Gerard had that status, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Service of process

The court directed the Clerk of Court to issue summonses for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the defendants’ service addresses, and deliver the necessary documents to the Marshals Service.

The court stated that the usual 90-day period for serving a summons is extended in this case. The 90-day period begins when the summonses are issued. If the defendants are not served within that period, Gerard should request an extension of time. The court also required Gerard to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Additional information

The court directed the Clerk to mail Gerard an information package and attached information about the New York Legal Assistance Group clinic for people representing themselves in civil cases in the Southern District of New York. The order states that the clinic is operated by a private organization and is not part of the court.

Disposition

Judge Dale E. Ho directed the Clerk of Court to issue the summonses, prepare the service forms, and send the necessary materials to the U.S. Marshals Service for service on the defendants. The order does not decide the merits of Gerard’s claims.