Rivers v. Parkchester Condominium Complex

Opinion

UNITED STATES DISTRICT COURT DATE FILED: 5/27/2 025 SOUTHERN DISTRICT OF NEW YORK ADRIAN OREE, Plaintiff, -against- 25-CV-363 (MKV) PARKCHESTER CONDOMINIUM COMPLEX; PPC RESIDENTIAL, LLC; ORDER OF SERVICE PARKCHESTER PRESERVATION MANAGEMENT LLC; PARKCHESTER PRESERVATION COMPANY, LP, Defendants. MARY KAY VYSKOCIL, United States District Judge: Plaintiff Adrian Oree, who is appearing pro se, brings this action invoking Title III of the Americans with Disabilities Act. The complaint may also be construed as asserting claims under the Fair Housing Act, 42 U.S.C. § 3604(b), (f), and the New York State and City Human Rights Laws.1 A. Order of Service Because Plaintiff Adrian Oree has been granted permission to proceed IFP, she is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 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 1 Darney Rivers filed the complaint on Oree’s behalf, and only Rivers signed it and submitted an IFP application. (ECF 1, 2.) By order dated April 7, 2025, the Court directed the Clerk of Court to dismiss Rivers from the action and add Adrian Oree as the plaintiff under Fed. R.Civ. P. 21. (ECF 5.) Oree subsequently filed an IFP application and a signed signature page of the complaint. (ECF 6.) 2Although 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 effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses 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 Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process 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 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). Plaintiff must notify the Court in writing if her address changes, and the Court may dismiss the action if Plaintiff fails to do so. B. Referral to Pro Se Clinic Plaintiff is advised that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide Plaintiff with advice in connection with

her case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any self-represented party through the Pro Se Intake Unit). To make an appointment, Plaintiff must complete the City Bar Justice Center’s intake form. If Plaintiff has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). In-person appointments in the Thurgood Marshall Courthouse in Manhattan and the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains are available Monday through Thursday, 10am to 4pm. Appointments are also available remotely Monday through Friday, 10am to 4pm. CONCLUSION The Clerk of Court is instructed to issue summonses for the Parkchester Condominium Complex; PPC Residential, LLC; Parkchester Preservation Management LLC; and Parkchester Preservation Company, LP., complete the USM-285 forms with the addresses for Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. Plaintiff may receive court documents by email by completing the form, Consent to Electronic Service. SO ORDERED. Dated: May 27, 2025 New York, New York / (/ . Pi Loy dod Unitéd StatesDistrict Judge

3 Tf Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

SERVICE ADDRESS FOR EACH DEFENDANT

Parkchester Condominium Complex 1595 Unionport Road Bronx, New York 10472 PPC Residential, LLC 2000 East Tremont Street Bronx, New York 10462 Parkchester Preservation Management LLC 2000 East Tremont Street Bronx, New York 10462 Parkchester Preservation Company, LP 2000 East Tremont Street Bronx, New York 10462 74 i) LO) em WS) P| Led a J en] eas i □□ Ramaatsmecielel a al>aam Dita a renmre)mNI-h)\'an aes BIND A) □□

ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project (Fed Pro) provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY).

HOW TO SCHEDULE AN APPOINTMENT

To schedule an appointment for assistance with City Bar Justice [m] a = [m] Center’s Fed Pro project, you must first complete our online oi Fe ' Teas re tae Intake Form. pager ea e Our online Intake Form is accessible via one of these eee A □□ methods: i Phas o Scan the QR code to the right. 2 i □□ Go to bit.ly/prosesdny [m] Poll e Once on the City Bar Justice Center Federal Pro Se Legal Assistance page, scroll down to " "and then click " "to be taken to the Intake Form. e When the Intake Form asks: "How can we help you", please select "Federal Court Case" from the drop-down menu. The Fed Pro SDNY office will receive your application ONLY if you select "federal court case." If you select anything else, you will need to re-complete your application. Once you complete the form, someone will contact you, usually within five business days, to schedule an appointment. If you are not able to complete the Intake Form, please call (212) 382-4794, leave a detailed message, and wait for us to call you back, typically within five business days.

HOW WE HELP

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