Abuhamdia v. United Health Care

Background

Hisham M. Abuhamdia, proceeding without a lawyer, brought an action under the Americans with Disabilities Act of 1990 (ADA). He alleges that his employer, United Healthcare, discriminated against him based on his disability. The court had previously granted his request to proceed without prepaying filing fees.

Service of the Lawsuit

Because Abuhamdia was permitted to proceed without prepaying fees, the court determined that he could rely on the court and the U.S. Marshals Service to serve United Healthcare. The court instructed the Clerk of Court to issue a summons, complete the U.S. Marshals Service process form with United Healthcare’s address, and deliver the required documents to the Marshals Service.

The court extended the usual service period. Instead of measuring the 90-day period from the filing of the complaint, the period runs for 90 days after the summons is issued. If the complaint is not served within that period, Abuhamdia should ask for an extension of time. The court also directed him to notify the court in writing if his address changes and stated that the action may be dismissed if he does not do so.

Ruling

Judge Margaret M. Garnett entered an order directing the Clerk of Court to issue the summons and arrange for service by the U.S. Marshals Service. The order did not rule on the merits of Abuhamdia’s ADA discrimination allegations.