Marks-Ellis v. NYU Langone Health Systems

Background

Ari Marks-Ellis, appearing without a lawyer, brought an action under Title II of the Civil Rights Act, 42 U.S.C. § 2000a. He alleges that NYU Langone Health denied him kosher food because of his religion. In an earlier order dated March 6, 2024, the court allowed him to proceed without prepaying filing fees.

Service of process

Because Marks-Ellis was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court instructed the Clerk of Court to issue a summons for NYU Langone Health, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary documents to the Marshals Service.

The court explained that the usual rule generally requires service within 90 days after the complaint is filed. Because Marks-Ellis could not serve the complaint until the court reviewed it and ordered the summons issued, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, the opinion states that Marks-Ellis should request an extension of time. The court also directed Marks-Ellis to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

The court entered an order directing the Clerk of Court to issue the summons and arrange service through the U.S. Marshals Service. It also directed the Clerk to mail an information package to Marks-Ellis and provided an option for receiving court documents by email. This order addressed service and case administration; it did not resolve the merits of Marks-Ellis’s religious-discrimination allegation.