Bernheim v. New York City Department of Education
Bernheim v. New York City Department of Education
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAURA BERNHEIM, Plaintiff, 23-CV-7557 (LJL) -against- ORDER OF SERVICE NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Defendants. LEWIS J. LIMAN, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under the Age Discrimination in Employment Act of 1967,
29 U.S.C. §§ 621-634; the Americans with Disabilities Act of 1990,
42 U.S.C. §§ 12112-12117; the Rehabilitation Act of 1973,
29 U.S.C. §§ 701-796; the New York State Human Rights Law,
N.Y. Exec. Law §§ 290to 297; and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 to 131. Plaintiff alleges that her employer discriminated and retaliated against her based on her age and disability. By order dated August 28, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, she 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
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 summonses and the 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. 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 New York City Department of Education, Melissa Harrow, and Michael Abbey 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. 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 her address changes, and the Court may dismiss the action if Plaintiff fails to do so.
CONCLUSION The Clerk of Court is instructed to issue summonses as to Defendants the New York City Department of Education, Melissa Harrow, and Michael Abbey, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: September 1, 2023 New York, New York wl Me igh 3 Gh PB LEWIS J. LIMAN United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
New York City Department of Education 52 Chambers Street New York, N.Y. 10007 Melissa Harrow Principal of PS 044 1825 Prospect Ave. Bronx, N.Y. 10457 Michal Abbey Principal of Emolior Academy 1970 W. Farms Rd. Bronx, N.Y. 10460
Reference
- Status
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