Abadi v. American Airlines Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AARON ABADI, Plaintiff, 23-CV-4033 (LJL) -against- ORDER OF SERVICE AMERICAN AIRLINES GROUP, INC., et al., Defendants.

LEWIS J. LIMAN, United States District Judge: Plaintiff, who is appearing pro se, brings this action asserting claims under the Federal Tort Claims Act (“FTCA”) and the Administrative Procedures Act (“APA”) against President Biden, the National Institutes of Health, Dr. Anthony Steven Fauci, the Centers for Disease Control and Prevention, Dr. Robert Ray Redfield, Jr., and the United States Department of Health and Human Services and claims under the Air Carrier Access Act (“ACAA”), 49 U.S.C. § 41705; 42 U.S.C. §§ 1985, 1986; Section 504 of the Rehabilitation Act of 1973; and 28 U.S.C. §1332, against the remaining Defendants, alleging that they discriminated against him and prohibited him from traveling. By order dated August 21, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.

STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3).

While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits – to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief.

Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible – not merely possible – that the pleader is entitled to relief. Id. DISCUSSION A. Presidential Immunity The President is absolutely immune from suit for damages “predicated on his official acts.” Nixon v. Fitzgerald, 457 U.S., 749 (1982); Int’l Siva Consciousness, et al. v. United States, et al., ECF 1:92-CV-8188, 32, 1993 WL 322862, at *1 (S.D.N.Y. Aug. 18, 1993).

Plaintiff’s claims against President Biden for acts performed in his official capacity as President of the United States are therefore also foreclosed by absolute immunity and are frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i), (iii); Montero v. Travis, 171 F.3d 757, 760 (2d Cir. 1999) (“A complaint will be dismissed as ‘frivolous’ when ‘it is clear that the defendants are immune from suit.’” (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989))).

B. Service on Remaining Defendants 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.1 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 Defendants — the National Institutes of Health, Dr. Anthony Steven Fauci, the Centers for Disease Control and Prevention, Dr. Robert Ray Redfield, Jr., the United States Department of Health and Human Services, 43 airlines, several employees, two attorneys, and two medical advisory groups — 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 these Defendants. Because the National Institutes of Health, Dr. Anthony Steven Fauci, the Centers for Disease Control and Prevention, Dr. Robert Ray Redfield, Jr., and the United States Department of Health and Human Services are federal Defendants, the Clerk of

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

Court is further instructed to mark the box labeled “Check for service on U.S.A” on the USM- form for each of these federal 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 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 his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

C. New York Legal Assistance Group Plaintiff may consider contacting the New York Legal Assistance Group’s (“NYLAG”) Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this court. The clinic is run by a private organization; it is not part of, or run by, the court. It cannot accept filings on behalf of the court, which must still be made by any pro se party through the Pro Se Intake Unit. A copy of the flyer with details of the clinic is attached to this order.

CONCLUSION The Court dismisses Plaintiff’s claims against President Biden, as barred by the doctrine of absolute immunity and as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i), (iii); Montero v. Travis, 171 F.3d 757, 760 (2d Cir. 1999) (“A complaint will be dismissed as ‘frivolous’ when ‘it is clear that the defendants are immune from suit.’” (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989))).

The Clerk of Court is instructed to issue summonses for the remaining Defendants, complete the USM-285 forms with the addresses for these Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further instructed to mark the box labeled “Check for service on U.S.A” on the USM-285 form for each of the federal Defendants.

The Clerk of Court is directed to mail an information package to Plaintiff.

Plaintiff is referred to NYLAG. A copy of the Clinic’s flyer is attached to this order.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: August 31, 2023 ye sg New York, New York wi JS TR Rc sae LEWIS J. LIMAN United States District Judge DEFENDANTS AND SERVICE ADDRESSES2 American Airlines Group, Inc. Skyview Drive Fort Worth, Texas 76155 PJSC AEROFLOT - RUSSIAN AIRLINES DBA AEROFLOT SEQUAMS LANE CENTER WEST ISLIP, NY, UNITED STATES, 11795 Aerovias de Mexico, S.A. de C.V. DBA Aeromexico Airlines 2702 N LOOP W STE 410 HOUSTON, TX 77092- 8904 Allegiant Air, LLC E. 7TH STREET SUITE 620 AUSTIN, TX 78701 Asiana Airlines Inc. 3530 WILSHIRE BLVD, 1700 LOS ANGELES, CA, UNITED STATES, 90010 AVIANCA S.A.

501 THE MAIN BLDG HOUSTON, TX 77032 Azul Linhas Aereas Brasileiras SIA LIBERTY STREET NEW YORK, NY, 10005 Austrian Airlines AG c/o LEGAL DEPARTMENT 1400 RXR PLAZA WEST TOWER UNIONDALE, NY 11556 Air Canada Terminal E at Dallas Fort Worth Airport (DFW) DFW Airport, TX, 75261 AIR CHINA LIMITED BRAZOS SUITE 1050 AUSTIN, TX 78701 Addresses copied directly from Plaintiff’s complaint. All capitalization is as in the complaint. (ECF No. 3 at 5-26.)

British Airways PLC West 42nd Street, 24th Floor New York, NY 10036 Cathay Pacific Airways Ltd. 2520 WEST AIRFIELD DRIVE, SUITE 301 DFW AIRPORT, TX 75261 China Southern Airlines Company Limited MADISON AVENUE, SUITE 4500 NEW YORK, NY 10017 Delta Air Lines, Inc. E. 7TH STREET SUITE 620 AUSTIN, TX 78701 EL AL ISRAEL AIRLINES LTD. Wall Street, 4th floor New York, NY 10005 Emirates 3700 North Terminal Road George Bush Intercontinental Airport Terminal D Houston, TX 77032 ETIHAD AIRWAYS PJSC DBA ETIHAD AIRWAYS COMPANY E. 7TH STREET, SUITE 620 AUSTIN, TX 78701 Eva Airways Corporation 1999 BRYAN ST., STE. 900 DALLAS, TX 75201 Finnair OYJ W 42ND ST FL 24 NEW YORK, NY 10036-8002 FRONTIER AIRLINES, INC. E. 7TH STREET SUITE 620 AUSTIN, TX 78701 GULF AIR HOLDING B.S.C 3050 Post Oak Blvd, Suite 1320 Houston, TX 77056 Iberia Lineas Aereas de Espana, S.A. Operadora, Sociedad Unipersonal, DBA Iberia Airlines World Way Los Angeles, CA 90045 JetBlue Airways Corporation E. 7th Street, Suite 620 Austin, TX 78701 Alia - The Royal Jordanian Airlines Company, DBA Royal Jordanian Airlines Los Angeles International Airport World Way Los Angeles, California 90045 Lot Polish Airlines SA C/O CONDON AND FORSYTH LLP TIMES SQUARE, SUITE 1800 NEW YORK, NY 10036 Lufthansa Systems Americas, Inc. 1999 BRYAN ST., STE. 900 DALLAS, TX 75201 SOUTHERN AIRWAYS EXPRESS, LLC DBA Mokulele Airlines Hukilike Street, Suite 103 Kahului, HI 96732-2973 PHILIPPINE AIRLINES 5959 West Century Blvd., Suite 600 Los Angeles, CA 90045 QATAR AIRWAYS Q.C.S.C. DBA QUATAR AIRWAYS Q.C.S.C. CORPORATION E. 7TH STREET, SUITE 620 AUSTIN, TX 78701 Royal Air Maroc, LTD. ONE ROCKEFELLER PLAZA, SUITE 1630 NEW YORK, NY 10020 SCANDINAVIAN AIRLINES OF NORTH AMERICA INC. DBA SAS E. 9TH STREET, SUITE 1300 AUSTIN, TX 78701 Silver Airways LLC 1999 BRYAN ST SUITE 900 DALLAS, TX 75201 Singapore Airlines 3870 N Terminal Rd Houston, TX 77032 Southwest Airlines Co. 10801 Airport Blvd. Amarillo, TX 79111 SPIRIT AIRLINES, INC. E. 7TH STREET SUITE 620 AUSTIN, TX 78701 Sun Country, Inc. DBA Sun Country Airlines S. IRVING SAN ANGELO, TX 76902 Swiss International Air Lines AG 14694 FM 1050 UTOPIA, TX 78884 Air Tahiti Nui 5901 WEST CENTURY BLVD. SUITE 1414 LOS ANGELES CA 90045 TAP Portugal, Inc. Lafayette Street, 3rd FL Newark, NJ 07105 Turkish Airlines, Inc. 1400 OLD COUNTRY RD STE 304 WESTBURY, NY 11590-5119 United Airlines, Inc. 10801 Airport Blvd. Amarillo, TX 79111 Fast Colombia S.A.S., DBA Viva Air Colombia C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Concesionaria Vuela Compafiia de Aviaci6n, S.A.B. de C.V. OBA Volaris 9800 AIRPORT BLVD. SAN ANTONIO, TX 78216 Matthew Roberts Airport Manager for British Air at Washington Dulles Airport and at the Baltimore International Airport P.O. Box# 17286 Washington, DC 20041 Roy Goldberg An attorney with STINSON LLP 1775 Pennsylvania Avenue, N.W. Suite 800 Washington, D.C. 20006 Miguel Morel An attorney with STINSON LLP Wells Fargo Center SE 2nd Avenue, Suite 2700 Miami, FL 33131 Nathalie Simon An employee of Delta in their Customer Care Department Delta Air Lines, Inc. 1030 Delta Boulevard Atlanta, Ga 30354-1989 MedAire, Inc. 4722 North 24th St., Suite 450 Phoenix, AZ 85016 Center for Emergency Medicine of Western Pennsylvania, Inc., OBA STATMD Lothrop St. #Fl301 Pittsburgh, PA 15213 Robert C. Land Senior Vice President Government Affairs and Associate General Counsel for JetBlue 2701 Queens Plaza N. STE 1 Long Island City, NY 11101-4021 Debbie Castleton Customer Support for JetBlue 2701 Queens Plaza N. STE 1 Long Island City, NY 11101-4021 Anita Ayala Complaint Resolution Official ("CRO") for the Customer Relations North America, of Lufthansa 1400 RXR Plaza West Tower 14th Floor Uniondale, NY 11556 NATIONAL INSTITUTES OF HEALTH 9000 ROCKVILLE PIKE BETHESDA, MARYLAND 20892 Anthony Stephen Fauci (FORMERLY OF NIH IN HIS PERSONAL CAPACITY) Center Dr. Bldg 31 Bethesda, MD 20892 CENTERS FOR DISEASE CONTROL & PREVENTION 1600 CLIFTON ROAD ATLANTA, GA 30329 Robert Ray Redfield Jr. (FORMERLY OF CDC BEING SUED IN HIS PERSONAL CAPACITY) W. Lombard St. Baltimore, MD 21201 US DEPARTMENT OF HEALTH & HUMAN SERVICES INDEPENDENCE AVENUE, S.W. WASHINGTON, D.C. 20201 SD lee Pe ew Since 1990, NYLAG has provided free civil legal services New York ME Legal Assistance Group to New Yorkers who cannot afford private attorneys.

Free Legal Assistance for Self-Represented Civil Litigants in District Court for the Southern District Of New Yor| NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a fre clinic staffed by attorneys, law students and paralegals to assist those who are themselves or planning to represent themselves in civil lawsuits in the outhern District of New York. The clinic does not provide full representation. The clinic, is not part of or run by the court, assists litigants with federal civil cases including involving civil rights, employment discrimination, labor law, social security benefit: and tax.

Contact the Clinic: (212) 659-6190 or complete our online intake form (found here: A staff member will contact you within a few days.

looking for assistance can also contact the clinic at the kiosk located across the hall the pro se clinic office in the courthouse. this time, the clinic offers remote consultations only. Requests for in- appointments will be reviewed on a case-to-case basis. and Hours: Marshall United States Courthouse Room LL22 Foley Square New York, NY 10007 (212) 659 6190 Open weekdays a.m. — 4 p.m.

Closed on federal and court holidays ii □□□□ □