DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK es DATE FILED:_ 11/19/2025 ANTONY MONTERO, Plaintiff, 24-CV-9301 (JPO) (KHP) -against- AMENDED ORDER OF SERVICE
NEW YORK CITY HOUSING AUTHORITY, et al., Defendants.
KATHARINE H. PARKER, United States Magistrate Judge. Plaintiff Antony Montero, a New York City Housing Authority (“NYCHA”) resident of the Bronx, New York, brings this action alleging retaliation and disability discrimination in violation of Title Il of the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Act of 1968, and state and municipal analogs. He further asserts claims for constitutional violations under 42 U.S.C. § 1983.1 BACKGROUND Montero seeks monetary damages, declaratory relief, and injunctive relief. He names the following defendants in the above entitled action: (1) the NYCHA; (2) Building Management Associates (“BMA”); (3) Luigino Gigante, BMA’s President; (4) Delia Hernandez, a BMA Property Manager; (5) Lourdes Sanchez, a BMA Assistant Property Manager; (6) Daniel Greene, the NYCHA Executive Vice President of Operations; (7) Marcela Medina, Senior Advisor to NYCHA’s Chief Operating Officer; (8) Eva Trimble, NYCHA’s Chief Operating Officer; (9) Lisa Bova-Hiatt, NYCHA’s Chief Executive Officer; (10) Samuel Diaz, a NYCHA Maintenance Supervisor; (11) Richard Warren, a BMA Field Maintenance Supervisor; (12) Michael Graziano, a BMA/NYCHA
Maintenance Supervisor at 998 E. 167th St., Bronx, NY 10459; (13) Jorge Ramirez, a BMA Building Supervisor; (14) Yolanda Padilla, a NYCHA Housing Assistant; (15) Chris (Last Name Unknown (“LNU”)), a BMA Building Superintendent at 998 E. 167th St., Bronx, NY 10459; and
(16) Chris Mikrut, a licensed Mold Assessor employed by Microecologies Inc. By order dated December 11, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. On October 14, 2025, Plaintiff amended his complaint and named additional defendants (ECF No. 22), thereby requiring an amended order of service.
Per the Court’s Order entered on October 3, 2025, the Clerk of Court was directed to add Yolanda Padilla as a defendant, directed service as to then named Defendants save for Luigino Gigante, Samuel Diaz, Richard Warren, and Chris Mikrut, but granted Plaintiff leave to file an additional amended complaint to allege facts about those defendants and their involvement in the events that are the bases for his claims. DISCUSSION
Under Rule 21, the Court, on its own motion, “may[,] at any time, on just terms, add or drop a party.” Fed. R. Civ. P. 21; see Anwar v. Fairfield Greenwich, Ltd., 118 F. Supp. 3d 591, 618-19 (S.D.N.Y. 2015) (Rule 21 “afford[s] courts discretion to shape litigation in the interests of efficiency and justice.”). “Under this rule, courts have added individual defendants in actions whe[n] the complaint mentions them ‘throughout the body of the [c]omplaint’ as involved in the underlying alleged events.” Alexander v. City of New York, No. 25 Civ. 284 (RA), 2025 WL 861377, at *1 (S.D.N.Y. Mar. 19, 2025) (quoting George v. Westchester Cnty. Dep’t of Corr., No.
1 The operative complaint in this case is Plaintiff's amended complaint at ECF No. 22. 20 Civ. 1723 (KMK), 2020 WL 1922691, at *2 (S.D.N.Y. Apr. 21, 2020) (second alteration in original); Truncale v. Universal Pictures Co., 82 F. Supp. 576, 578 (S.D.N.Y. 1949) (“In so far as [Rule 21] relates to the addition of parties, it is intended to permit the bringing in of a person
who, through inadvertence, mistake or for some other reason, had not been made a party and whose presence as a party is later found necessary or desirable.”) Insofar as Plaintiff has amended the complaint to rename Luigino Gigante, Samuel Diaz, Richard Warren, and Chris Mikrut (defendants upon which service has not been effected), add Lourdes Sanchez, Michael Graziano, and Chris “LNU” (newly added defendants), and referenced
each throughout the body of the text alleging facts purporting to demonstrate their involvement in the alleged violations of his rights, the Court directs service on all sixteen of the above-named defendants. Because Plaintiff has been granted permission to proceed IFP, he is entitled to assistance from the Court and the United States Marshals Service (“USMS”) to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also Fed. R. Civ. P. 4(c)(3) (the court
must order the USMS to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service on all of the defendants through the USMS, the Clerk of Court is instructed to fill out a USMS Receipt and Return form (“USM-285 form”) for each of those defendants to be served. The Clerk of Court is further instructed to issue a summons for each of those defendants to be served, and deliver to the USMS all of the paperwork necessary for the USMS to effect service upon all of the defendants to be served.
If the operative complaint at ECF No. 22 is not served on all the above-mentioned defendants to be served within 90 days after the date that the above-mentioned summonses are 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). This order of service supersedes the Court’s directive in its October 3, 2025 Order. (ECF No. 18) Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss this action if he fails to do so. CONCLUSION The Court respectfully directs the Clerk of Court to: (1) mail an information package to Plaintiff; (2) add Luigino Gigante, Samuel Diaz, Richard Warren, Chris Mikrut, Lourdes Sanchez, Michael Graziano, and Chris “LNU” as defendants in this action, pursuant to Rule 21 of the Federal Rules of Civil Procedure; (3) issue summonses for the New York City Housing Authority, Building Management Associates, Luigino Gigante, Delia Hernandez, Lourdes Sanchez, Daniel Greene, Marcela Medina, Eva Trimble, Lisa Bova-Hiatt, Samuel Diaz, Richard Warren, Michael Graziano, Jorge Ramirez, Yolanda Padilla, Chris “LNU”, and Chris Mikrut; (4) complete USM-285 forms with the service addresses for each of those defendants; and (5) deliver all documents necessary to effect service of a summons and the operative complaint (ECF No. 22) on those defendants to the USMS.
Dated: New York, New York November 19, 2025 SO ORDERED. Ket haut H Zé MLA KATHARINE H. PARKER United States Magistrate Judge
SERVICE ADDRESS FOR DEFENDANTS 1. New York City Housing Authority Law Department 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 2. Building Management Associates 862 Southern Boulevard Bronx, New York 10459 3. Delia Hernandez Property Manager Building Management Associates 1102 Longfellow Avenue Bronx, New York 10459 4. Daniel Greene Executive Vice President of Operations New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 5.
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DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK es DATE FILED:_ 11/19/2025 ANTONY MONTERO, Plaintiff, 24-CV-9301 (JPO) (KHP) -against- AMENDED ORDER OF SERVICE
NEW YORK CITY HOUSING AUTHORITY, et al., Defendants.
KATHARINE H. PARKER, United States Magistrate Judge. Plaintiff Antony Montero, a New York City Housing Authority (“NYCHA”) resident of the Bronx, New York, brings this action alleging retaliation and disability discrimination in violation of Title Il of the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Act of 1968, and state and municipal analogs. He further asserts claims for constitutional violations under 42 U.S.C. § 1983.1 BACKGROUND Montero seeks monetary damages, declaratory relief, and injunctive relief. He names the following defendants in the above entitled action: (1) the NYCHA; (2) Building Management Associates (“BMA”); (3) Luigino Gigante, BMA’s President; (4) Delia Hernandez, a BMA Property Manager; (5) Lourdes Sanchez, a BMA Assistant Property Manager; (6) Daniel Greene, the NYCHA Executive Vice President of Operations; (7) Marcela Medina, Senior Advisor to NYCHA’s Chief Operating Officer; (8) Eva Trimble, NYCHA’s Chief Operating Officer; (9) Lisa Bova-Hiatt, NYCHA’s Chief Executive Officer; (10) Samuel Diaz, a NYCHA Maintenance Supervisor; (11) Richard Warren, a BMA Field Maintenance Supervisor; (12) Michael Graziano, a BMA/NYCHA
Maintenance Supervisor at 998 E. 167th St., Bronx, NY 10459; (13) Jorge Ramirez, a BMA Building Supervisor; (14) Yolanda Padilla, a NYCHA Housing Assistant; (15) Chris (Last Name Unknown (“LNU”)), a BMA Building Superintendent at 998 E. 167th St., Bronx, NY 10459; and
(16) Chris Mikrut, a licensed Mold Assessor employed by Microecologies Inc. By order dated December 11, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. On October 14, 2025, Plaintiff amended his complaint and named additional defendants (ECF No. 22), thereby requiring an amended order of service.
Per the Court’s Order entered on October 3, 2025, the Clerk of Court was directed to add Yolanda Padilla as a defendant, directed service as to then named Defendants save for Luigino Gigante, Samuel Diaz, Richard Warren, and Chris Mikrut, but granted Plaintiff leave to file an additional amended complaint to allege facts about those defendants and their involvement in the events that are the bases for his claims. DISCUSSION
Under Rule 21, the Court, on its own motion, “may[,] at any time, on just terms, add or drop a party.” Fed. R. Civ. P. 21; see Anwar v. Fairfield Greenwich, Ltd., 118 F. Supp. 3d 591, 618-19 (S.D.N.Y. 2015) (Rule 21 “afford[s] courts discretion to shape litigation in the interests of efficiency and justice.”). “Under this rule, courts have added individual defendants in actions whe[n] the complaint mentions them ‘throughout the body of the [c]omplaint’ as involved in the underlying alleged events.” Alexander v. City of New York, No. 25 Civ. 284 (RA), 2025 WL 861377, at *1 (S.D.N.Y. Mar. 19, 2025) (quoting George v. Westchester Cnty. Dep’t of Corr., No.
1 The operative complaint in this case is Plaintiff's amended complaint at ECF No. 22. 20 Civ. 1723 (KMK), 2020 WL 1922691, at *2 (S.D.N.Y. Apr. 21, 2020) (second alteration in original); Truncale v. Universal Pictures Co., 82 F. Supp. 576, 578 (S.D.N.Y. 1949) (“In so far as [Rule 21] relates to the addition of parties, it is intended to permit the bringing in of a person
who, through inadvertence, mistake or for some other reason, had not been made a party and whose presence as a party is later found necessary or desirable.”) Insofar as Plaintiff has amended the complaint to rename Luigino Gigante, Samuel Diaz, Richard Warren, and Chris Mikrut (defendants upon which service has not been effected), add Lourdes Sanchez, Michael Graziano, and Chris “LNU” (newly added defendants), and referenced
each throughout the body of the text alleging facts purporting to demonstrate their involvement in the alleged violations of his rights, the Court directs service on all sixteen of the above-named defendants. Because Plaintiff has been granted permission to proceed IFP, he is entitled to assistance from the Court and the United States Marshals Service (“USMS”) to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also Fed. R. Civ. P. 4(c)(3) (the court
must order the USMS to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service on all of the defendants through the USMS, the Clerk of Court is instructed to fill out a USMS Receipt and Return form (“USM-285 form”) for each of those defendants to be served. The Clerk of Court is further instructed to issue a summons for each of those defendants to be served, and deliver to the USMS all of the paperwork necessary for the USMS to effect service upon all of the defendants to be served.
If the operative complaint at ECF No. 22 is not served on all the above-mentioned defendants to be served within 90 days after the date that the above-mentioned summonses are 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). This order of service supersedes the Court’s directive in its October 3, 2025 Order. (ECF No. 18) Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss this action if he fails to do so. CONCLUSION The Court respectfully directs the Clerk of Court to: (1) mail an information package to Plaintiff; (2) add Luigino Gigante, Samuel Diaz, Richard Warren, Chris Mikrut, Lourdes Sanchez, Michael Graziano, and Chris “LNU” as defendants in this action, pursuant to Rule 21 of the Federal Rules of Civil Procedure; (3) issue summonses for the New York City Housing Authority, Building Management Associates, Luigino Gigante, Delia Hernandez, Lourdes Sanchez, Daniel Greene, Marcela Medina, Eva Trimble, Lisa Bova-Hiatt, Samuel Diaz, Richard Warren, Michael Graziano, Jorge Ramirez, Yolanda Padilla, Chris “LNU”, and Chris Mikrut; (4) complete USM-285 forms with the service addresses for each of those defendants; and (5) deliver all documents necessary to effect service of a summons and the operative complaint (ECF No. 22) on those defendants to the USMS.
Dated: New York, New York November 19, 2025 SO ORDERED. Ket haut H Zé MLA KATHARINE H. PARKER United States Magistrate Judge
SERVICE ADDRESS FOR DEFENDANTS 1. New York City Housing Authority Law Department 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 2. Building Management Associates 862 Southern Boulevard Bronx, New York 10459 3. Delia Hernandez Property Manager Building Management Associates 1102 Longfellow Avenue Bronx, New York 10459 4. Daniel Greene Executive Vice President of Operations New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 5. Marcela Medina Senior Advisor to the Chief Operating Officer New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 6. Eva Trimble Chief Operating Officer New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service 7. Lisa Bova-Hiatt Chief Executive Officer New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service
8. Jorge Ramirez Building Supervisor Building Management Associates 1102 Longfellow Avenue Bronx, New York 10459
9. Yolanda Padilla New York City Housing Authority 90 Church Street, 11th Floor New York, New York 10007 Attn: Law Department/Service
10. Luigino Gigante President/Managing Director Building Management Associates 998 E. 167th Street Bronx, NY 10459
11. Samuel Diaz Maintenance Supervisor New York City Housing Authority Bronx Property Mgmt. office 250 Broadway New York, NY 10007
12. Richard Warren Maintenance Supervisor Building Management Associates 998 E. 167th Street Bronx, NY 10459
13. Chris Mikrut Mold Inspector Microecologies Inc. 211 East 43rd Street, Suite 731, New York, NY 10017 14. Lourdes Sanchez Assistant Property Manager Building Management Associates 998 E. 167th Street Bronx, NY 10459
15. Michael Graziano Maintenance Supervisor Building Management Associates 998 E. 167th Street Bronx, NY 10459
16. Chris “LNU” Building Superintendent Building Management Associates 998 E. 167th Street Bronx, NY 10459