Lurch, Jr. v. Doe
- Vernon Broderick
- 1:22-cv-02324
- U.S. District Court · Southern District of New York
- 3
Lurch, Jr. v. Doe: Judge Broderick allowed an amended complaint and ordered steps for serving two defendants.
The order affects Robert Derek Lurch, Jr.; P.O. Eric Kim and P.O. Amanda Psareas, whose response deadline was extended; Dr. Jonathan Howard and K. Carty, who must be served; and the Clerk of Court and U.S. Marshals Service, which were directed to facilitate service.
What happened
In Lurch, Jr. v. Doe, Robert Derek Lurch, Jr. asked to file a second amended complaint. The court reviewed his request and the response from lawyers for P.O. Eric Kim and P.O. Amanda Psareas.
The court granted permission to file the second amended complaint and extended Kim and Psareas’s response deadline until 21 days after Dr. Jonathan Howard and K. Carty are served. Because Lurch had permission to proceed without paying court fees, the court directed the Clerk and the U.S. Marshals Service to prepare and carry out service on Howard and Carty.
Judge Vernon S. Broderick also directed that the second amended complaint be served within 90 days after the summonses are issued, or that Lurch request more time. The order addressed amendment, deadlines, and service, not the underlying claims.
The detailed version
- Lurch, Jr. v. Doe · No. 1:22-cv-02324
- Vernon Broderick
- Jan. 23, 2024
Request to Amend
Robert Derek Lurch, Jr. asked for permission to file a Second Amended Complaint. The court also received a response from counsel for P.O. Eric Kim and P.O. Amanda Psareas. The court granted Lurch’s request. It also granted defense counsel’s request for more time to respond to Lurch’s January 1, 2024 letter.
Response Deadline
To keep the case’s deadlines consistent, the court extended the deadline for Kim and Psareas to respond to the complaint until 21 days after Dr. Jonathan Howard and K. Carty are served.
Service of Howard and Carty
The court noted that Lurch had previously been authorized to proceed without paying court fees. In such cases, the court and the U.S. Marshals Service are responsible for arranging service of process. The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the documents needed to serve Howard and Carty.
The order states that if the Second Amended Complaint is not served within 90 days after the summonses are issued, Lurch should request an extension of time for service. The order lists service addresses for Jonathan Howard, MD, and Kesha Adriana Carty, RN, at NYC Health + Hospitals/Bellevue Hospital.
Disposition
Judge Vernon S. Broderick granted leave to file the Second Amended Complaint and directed the Clerk of Court to take the specified steps for service. The order did not decide the merits of Lurch’s underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.