Herdman v. Perdue et al
| Galadriel Herdman |
| Sonny Perdue and Tom Vilsack |
| 1:2021cv10453 |
| March 16, 2021 |
| US District Court for the District of Massachusetts |
| William G Young |
| Civil Rights: Americans with Disabilities - Employment |
| None |
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| Document Text |
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| Filing 6 USMS SERVICE INSTRUCTONS NOTICE (Hohler, Daniel) |
| Filing 5 Summons Issued as to Tom Vilsack. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Hohler, Daniel) |
| Filing 4 Judge William G. Young: ELECTRONIC ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis "Galadriel Herdman brings a disability discrimination claim, apparently (but not expressly) under the Rehabilitation Act of 1973, 29 U.S.C. 791 et seq. Under the Rehabilitation Act, the proper defendant is the head of the agency. Meyer v. Runyon, 869 F. Supp. 70, 76 (D. Mass. 1994); see 29 U.S.C. 794a(a). Here, Herdman has named both the current and former Secretary of the United States Department of Agriculture. Accordingly, summons shall issue only as to the current Secretary of the Department of Agriculture, Tom Vilsack. Defendant Sonny Purdue is dismissed from this action without prejudice. The Clerk shall send the summons, complaint, and this Order to Herdman, who must thereafter serve Vilsack in accordance with Federal Rule of Civil Procedure 4(m). Herdman may elect to have service made by the United States Marshals Service. If directed by Herdman to do so, the United States Marshals Service shall serve the summons, complaint, and this Order upon Vilsack, in the manner directed by Herdman, with all costs of service to be advanced by the United States. Notwithstanding this Order to the United States Marshal Service, it remains Herdmans responsibility to provide the United States Marshals Service with all necessary paperwork and service information. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, Herdman shall have 90 days from the date of this Order to complete service." (PSSA 5) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Galadriel Herdman.(Castilla, Francis) |
| Filing 1 COMPLAINT against Tom Vilsack, Sonny Perdue, filed by Galadriel Herdman. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit, #4 Envelope)(Castilla, Francis) |
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