Lugo v. The Center

Background

The case was reassigned to Judge Margaret M. Garnett, who stated that all prior orders, dates, and deadlines would remain in effect unless the court ordered otherwise. On January 17, 2024, Carlos Lugo filed an amended complaint adding Forrest Solutions as a defendant. On February 7, 2024, Lugo asked the court to direct the U.S. Marshals Service to serve Forrest Solutions and supplied an address for service.

Service on Forrest Solutions

The court directed the Clerk of Court to issue an amended summons for Forrest Solutions and to prepare and send the necessary paperwork to the U.S. Marshals Service. Lugo had been granted permission to proceed without prepaying fees, so he was entitled to rely on the court and the Marshals Service to serve the defendant. The court extended the time for service to 120 days after the summonses are issued. If service is not completed within that period, the opinion states that Lugo should request an extension of time.

Chris LaPlant

The court stated that Judge Broderick’s October 12, 2023 Opinion and Order had dismissed Lugo’s claims against Chris LaPlant with prejudice. Because the amended complaint asserted the same claims against LaPlant, the Clerk was directed to terminate LaPlant as a party in this action. This order relied on the earlier dismissal and did not separately analyze the underlying claims.

Motion to dismiss

The court ordered Lesbian & Gay Communities Service Centers to file an affidavit of service for its motion to dismiss the amended complaint within seven days. The court stated that, after the affidavit was filed, it would set a briefing schedule for the motion. The opinion does not decide that motion.

Disposition

This was a procedural order concerning reassignment, service, termination of a previously dismissed party, and scheduling. The Clerk was directed to mail the order to Lugo, who was proceeding without a lawyer.