Clark v. New York City Housing Authority

Background

La’Shaun Clark, proceeding without a lawyer, brought state-law claims under the court’s diversity-of-citizenship jurisdiction. She alleged that she was exposed to toxic substances in a New York City apartment. The court had previously granted her permission to proceed without prepaying filing fees, a status commonly called proceeding in forma pauperis.

Service of process

Because Clark was permitted to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The order instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the paperwork needed to complete service.

The order’s discussion and caption identify the defendants as New York City Housing Authority, New York Insulation & Environmental Services, Inc., and JLC Environmental Consultants, Inc. It explained that service must occur within 90 days after summonses are issued, rather than 90 days after the complaint was filed. If service is not completed within that period, Clark was told to request an extension. The order also required Clark to notify the court in writing if her address changes and stated that the action could be dismissed if she fails to do so.

Disposition

The court ordered the Clerk to issue summonses, complete the service forms with the defendants’ addresses, and deliver the required documents to the Marshals Service. It also ordered the Clerk to mail Clark an information package. The order did not decide the merits of Clark’s state-law claims. In the conclusion, the third environmental-consultant defendant is listed as “JUC Environmental Consultants, Inc.,” although the caption and earlier portions of the order identify that defendant as “JLC Environmental Consultants, Inc.” Judge Analisa Torres signed the order.