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S.D.N.Y.Procedural orderFiled Feb. 16, 2024

Abadi v. Greyhound Lines, Inc.

Judge
Rochon
Docket
1:23-cv-07645
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Abadi v. Greyhound Lines, Judge Rochon ordered service of Greyhound’s summons and denied fee-free appeal status.

Who this affects

Aaron Abadi and Greyhound Lines, Inc.; the order also directs the Clerk of Court and the U.S. Marshals Service to carry out service.

What happened

Aaron Abadi, who is representing himself, brought Abadi v. Greyhound Lines, Inc., invoking federal-question and diversity jurisdiction. The court had previously allowed him to proceed without prepaying court fees.

Because Abadi was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Greyhound Lines, Inc. The order does not decide the underlying claims.

Judge Jennifer L. Rochon directed the Clerk of Court to issue a summons, prepare the service paperwork, and send the documents to the Marshals Service. The court also denied fee-free status for any appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Abadi v. Greyhound Lines, Inc. · No. 1:23-cv-07645
Judge
Rochon
Date
Feb. 16, 2024

Background

Aaron Abadi brought this action against Greyhound Lines, Inc., invoking federal-question and diversity jurisdiction under 28 U.S.C. §§ 1331 and 1332. The opinion states that Abadi is proceeding without a lawyer. In an earlier order dated November 15, 2023, the court allowed him to proceed without prepaying court fees.

Service of Process

Because Abadi was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Greyhound. The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Greyhound, and deliver the necessary paperwork to the Marshals Service.

The court extended the service period to 90 days after the summons is issued because Abadi could not serve Greyhound before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, the opinion says Abadi should request an extension of time. It also states that Abadi must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.

Ruling

Judge Jennifer L. Rochon directed the Clerk of Court to mail Abadi an information package and to arrange for service of Greyhound through the Marshals Service. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order does not resolve the underlying claims or defenses.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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