Abuhamdia v. United Health Care

• Court: District Court, S.D. New York
• Decided: March 18, 2024
• Docket: 1:24-cv-01918
• Status: Unknown

Opinion

USDC SDNY UNITED STATES DISTRICT COURT oo SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: HISHAM M. ABUHAMDIA, DATE FILED:__ 03/18/2024 Plaintiff, 24-CV-1918 (MMG) -against- ORDER OF SERVICE UNITED HEALTHCARE, Defendant. MARGARET M. GARNETT, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12112-12117, alleging that his employer discriminated against him based on his disability. By order dated March 14, 2024, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the court and the U.S. Marshals Service to effect service..! Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process ... in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendant United Healthcare through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process

' Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons 1s issued.

Receipt and Return form (“USM-285 form”) for Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date the summons is issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is directed to: (1) to issue a summons for United Healthcare, complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service; and (2) mail an information package to Plaintiff. Plaintiff consents to electronic service of documents.

SO ORDERED. Dated: March 18, 2024 New York, New York

United States District Judge

DEFENDANT AND SERVICE ADDRESS

United Healthcare 3645 Thirlane Road Roanoke, VA 24019