Heilmann v. Yeshiva University
Heilmann v. Yeshiva University
Trial Court Opinion
IIE UIVIEINE ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT DATE FILED: 4/3/2025 SOUTHERN DISTRICT OF NEW YORK YISRAEL Z. HEILMANN, Plaintiff, . 25 Civ. 2491 (AT) -against- ORDER OF YESHIVA UNIVERSITY; Dean Dr. SARA “SERVICE _ ASHER; Dr. YEDIDYA LEVY; MRS. LOPEZ; □□ Dr. YAEL MUSKAT; JENNIFER GOLDEN; Dean Dr. REBECCA CYPESS; ABIGAIL KELSEN; and SAPIR AMAR, Defendants. ANALISA TORRES, District Judge: Plaintiff pro se, Yisrael Heilmann, brings this action against Defendants alleging, inter alia, that Defendants violated his rights under the Americans with Disabilities Act,
42 U.S.C. § 12101, et seqg.; the Rehabilitation Act,
29 U.S.C. § 701, et seg; and state law. See generally Compl., ECF No. 1. By order dated April 2, 2025, the Court granted Heilmann’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. ECF No. 8. Because Heilmann 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) (stating that the Court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). To allow Heilmann to effect service on Defendants through the Marshals Service, the Clerk of Court is respectfully directed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for Defendants. The Clerk of Court is further directed to issue a summons 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 summons are issued, Heilmann should request an extension of time for service. See Meilleur v. Strong,
682 F.3d 56, ' Although Federal Rule of Civil Procedure 4(m) generally requires that a summons be served within 90 days of the date the complaint is filed, Heilmann is proceeding IFP and could not have effected service 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 any summons issue. Heilmann provides Sapir Amar’s “last known” address in Manhattan. See ECF No. 3-1. Ina related action, 25 Civ. 2431, the Court issued an order directing Defendant Yeshiva University to provide a current service address for Amar. ECF No. 9 in 25 Civ. 2431.
63 (2d Cir. 2012) (stating that it is the plaintiff's responsibility to request an extension of time for service). Heilmann must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. Additionally, the Court GRANTS Heilmann’s motion for permission to file documents electronically. ECF No. 5. The ECF Rules and Instructions are available online at https://nysd.uscourts.gov/rules/ecf-related-instructions. Heilmann is advised that, following his registration to file documents electronically, he will no longer receive service of documents by postal mail, whether or not he previously consented to accept electronic service. All documents filed by the Court or any other party shall be served on Heilmann by electronic notice to his designated email address. See Fed. R. Civ. P. 5(b)(2)(E). Should Heilmann have any questions regarding electronic filing, he may call the ECF Help Desk at (212) 805-0800. The Clerk of Court is respectfully directed to mail an information package to Heilmann and terminate the motion at ECF No. 5. SO ORDERED. Dated: April 3, 2025 New York, New York ~ ANALISA TORRES United States District Judge
SERVICE ADDRESSES FOR DEFENDANTS
Yeshiva University 500 West 185th Street New York, NY 10033 Dr. Sara Asher, Dean of Students Yeshiva University 500 West 185th Street New York, NY 10033 Dr. Yael Muskat, Director, Counseling Center Yeshiva University 500 West 185th Street New York, NY 10033 Dr. Yedidya Levy, Associate Director, Counseling Center Yeshiva University 500 West 185th Street New York, NY 10033 Mrs. Lopez, Counseling Center employee Yeshiva University 500 West 185th Street New York, NY 10033 Jennifer Golden, Director, Office of International Services Yeshiva University 500 West 185th Street New York, NY 10033 Dean Dr. Rebecca Cypess Yeshiva University 500 West 185th Street New York, NY 10033 Abigail Kelsen, Administrator, Office of Disabilities Yeshiva University 500 West 185th Street New York, NY 10033
Reference
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