Andrews v. Rico
- Garnett
- 1:23-cv-06968
- U.S. District Court · Southern District of New York
- 1
In Andrews v. Rico, Judge Garnett directed court officials to help serve Sergeant Evans through the U.S. Marshals Service.
Michael Andrews, Sergeant Evans, the other individual defendants, the Clerk of Court, the U.S. Marshals Service, and the New York City Law Department.
What happened
Michael Andrews had permission to proceed without paying court fees, so the court said he could rely on the court and the U.S. Marshals Service to serve the defendants.
The City of New York informed the court that Sergeant Evans’s work assignment had changed and that the previously provided service address would not work. The City provided a new address for serving him.
Judge Margaret M. Garnett ordered the Clerk of Court to prepare the necessary forms and paperwork, issue summonses, and deliver them to the Marshals Service so it could serve Sergeant Evans. The Clerk was also ordered to mail copies of the order to the City’s Law Department and to Andrews.
The detailed version
- Andrews v. Rico · No. 1:23-cv-06968
- Garnett
- May 6, 2024
Background
Michael Andrews had been granted permission to proceed without paying court fees. The court explained that, in such cases, the court and the U.S. Marshals Service are responsible for serving process when required. The court had previously ordered the Marshals Service to serve the individual defendants at addresses provided by the City of New York.
Address Update
The City told the court that Sergeant Evans’s command had changed since the City provided his earlier service address. The City stated that service at the earlier address would be ineffective and supplied a new address: 1 Police Plaza, Room 110C, Attention FOIL Unit, New York, New York 10038.
Order
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Sergeant Evans, issue summonses, and provide the Marshals Service with the paperwork needed to serve him. The Clerk was also instructed to mail a copy of the order to the New York City Law Department and to mail Andrews a copy of the order and an information package. Judge Margaret M. Garnett did not decide the underlying claims in this order; the order addressed service of process.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.