Automated Summary
Key Facts
Plaintiff Anthony Montero filed a civil action against New York City Housing Authority (NYCHA), Building Management Associates (BMA), and multiple individual defendants alleging retaliation and disability discrimination under Title II of the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Act of 1968, 42 U.S.C. § 1983, and state law claims including the New York City and New York State Human Rights Laws. By order dated October 3, 2025, the Court granted Plaintiff's request to proceed in forma pauperis, added Yolanda Padilla as a defendant under Rule 21 of the Federal Rules of Civil Procedure, and directed service on most defendants through the United States Marshals Service. Service must be completed within 90 days of summons issuance. The Court did not direct service on Luigino Gigante, Samuel Diaz, Richard Warren, and Chris Mikrut, granting Plaintiff leave to file a fourth amended complaint alleging facts about their involvement.
Issues
- The court considers whether to add Yolanda Padilla, a NYCHA Housing Assistant, as a defendant under Rule 21 of the Federal Rules of Civil Procedure, as the plaintiff intended to name her but inadvertently failed to do so in the complaint caption.
- The court directs the Clerk to issue summonses and complete USM-285 forms for service on most defendants, with an extension of 90 days after summons issuance, while granting Plaintiff leave to file a fourth amended complaint regarding the excluded defendants.
Legal Principles
The Court applied Rule 21 of the Federal Rules of Civil Procedure to add Yolanda Padilla as a defendant in this action. Under Rule 21, courts may add or drop parties at any time on just terms. The Court determined that the Plaintiff intended to name Padilla as a defendant but inadvertently failed to do so in the complaint caption, as Padilla is mentioned throughout the complaint as involved in the underlying alleged events. The Court also directed service procedures through the USMS for defendants proceeding in forma pauperis, with a 90-day deadline for service, and granted leave to file a fourth amended complaint for defendants not being served.
Precedent Name
- Truncale v. Universal Pictures Co.
- Fullewellen v. City of New York
- Adams v. NYC Dep't of Corrs.
- George v. Westchester Cnty. Dep't of Corr.
- Alexander v. City of New York
- Schult
- Anwar v. Fairfield Greenwich, Ltd.
- Meilleur v. Strong
Cited Statute
- 28 U.S.C. § 1915(d)
- Americans with Disabilities Act of 1990
- Federal Rules of Civil Procedure Rule 4(m)
- Fair Housing Act of 1968
- Federal Rules of Civil Procedure Rule 4(c)(3)
- Federal Rules of Civil Procedure Rule 21
- 42 U.S.C. § 1983
- Rehabilitation Act of 1973
Judge Name
J. Paul Oetken, United States District Judge
Passage Text
- 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... Thus, it is clear that Plaintiff intended to name Padilla as a defendant, but inadvertently failed to do so. In light of Plaintiff's pro se status and his allegations, the Court understands Plaintiff's third amended complaint as asserting claims against Padilla. Accordingly, the Court directs the Clerk of Court to add Padilla as a defendant in this action, under Rule 21.
- The Court directs the Clerk of Court to: (1) issue summonses for the New York City Housing Authority, Building Management Associates, Delia Hernandez, Daniel Greene, Marcela Medina, Eva Trimble, Lisa Bova-Hiatt, Jorge Ramirez, and Yolanda Padilla; (2) complete USM-285 forms with the service addresses for each of those defendants; and (3) deliver all documents necessary to effect service of a summons and the third amended complaint (ECF 16) on those defendants to the USMS.