Hogans v. N.Y.C. Comptroller's Office

Background

Keisha D. Hogans filed the action against N.Y.C. Comptroller's Office and other defendants on November 29, 2023. The opinion states that she was proceeding without a lawyer, had paid the filing fee, and was responsible for serving the summons and complaint on the defendants.

The court stated that Hogans had not requested a summons from the Clerk's Office and had not taken any other action to prosecute the case.

Order

The court ordered Hogans to submit, no later than March 15, 2024, a letter of no more than three pages. The letter had to be supported by legal authority and show good cause why the case should not be dismissed under Federal Rule of Civil Procedure 4(m), which concerns timely service of the summons and complaint.

The order explained that good cause is generally found only in exceptional circumstances where the failure to serve on time resulted from circumstances beyond the plaintiff's control. It also stated that courts consider the plaintiff's diligence in attempting service and any prejudice caused to the defendant by the delay.

Effect of the Order

Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he required Hogans to explain the failure to serve the defendants. The order states that failure to show good cause for not serving the defendants within 90 days after the complaint was filed will result in dismissal of the action.