Manchanda v. Wang et al

Filing 25

ORDER denying without prejudice 22 Letter Motion to Compel. This order addresses Plaintiff's motion at Dkt. 22 to compel the U.S. Department of Health and Human Services ("HHS") to appear and respond. None of the emails or certific ates of service submitted demonstrate proper service on HHS. Plaintiff was informed by the email dated November 20, 2022 at 1:11 p.m. from OnCallLegal, the service agent retained by Plaintiff, that HHS's location at 200 Independence Avenue does not accept personal service, that documents to be served should be mailed, and that Plaintiff that should reach out to OnCallLegal if Plaintiff wished to place a new order for service by mail. See also 45 C.F.R. 4.1 (requiring summons and complaint d irected to HHS to be served by mail). Plaintiff does not appear to have filed an affidavit of service attesting to the requisite mailing. Accordingly, the motion is denied without prejudice to a future application in the event that Plaintiff effects service by mail and files the requisite proof of service, and HHS fails to appear and respond.The Clerk of Court is respectfully requested to terminate the motion at Dkt. 22. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 12/11/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RAHUL MANCHANDA,
:
:
Plaintiff,
:
:
- against :
:
SHI SHI WANG,
:
NYS Assistant Attorney General, et al,
:
:
Defendants.
:
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12/11/2023
23-CV-9403 (JHR) (RWL)

ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
This order addresses Plaintiff’s motion at Dkt. 22 to compel the U.S. Department
of Health and Human Services (“HHS”) to appear and respond. None of the emails or
certificates of service submitted demonstrate proper service on HHS.

Plaintiff was

informed by the email dated November 20, 2022 at 1:11 p.m. from OnCallLegal, the
service agent retained by Plaintiff, that HHS’s location at 200 Independence Avenue does
not accept personal service, that documents to be served should be mailed, and that
Plaintiff that should reach out to OnCallLegal if Plaintiff wished to place a new order for
service by mail. See also 45 C.F.R. 4.1 (requiring summons and complaint directed to
HHS to be served by mail). Plaintiff does not appear to have filed an affidavit of service
attesting to the requisite mailing. Accordingly, the motion is denied without prejudice to
a future application in the event that Plaintiff effects service by mail and files the requisite
proof of service, and HHS fails to appear and respond.
The Clerk of Court is respectfully requested to terminate the motion at Dkt. 22.

SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: December 11, 2023
New York, New York
Copies transmitted this date to all counsel of record.