Gonzalez v. Sutton Park Center for Nursing & Rehabilitation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARGARITA GONZALEZ, Plaintiff, 23-CV-8788 (KMK) -v.- ORDER OF SERVICE SUTTON PARK CENTER FOR NURSING & REHABILITATION, Defendant.

KENNETH M. KARAS, United States District Judge: Plaintiff brings this pro se Action under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the New York State Human Rights Laws, alleging that Defendant discriminated against her based on her race, national origin, and age. By order dated October 11, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”).

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 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)).

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 a summons and the amended complaint until the Court reviewed the amended complaint and ordered that a summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued.

To allow Plaintiff to effect service on Defendant Sutton Park Center for Nursing & Rehabilitation 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 this Defendant.

The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant.

If the amended complaint is not served within 90 days after the date the summons is 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 a summons, complete the USM-285 form with the address for Sutton Park Center for Nursing & Rehabilitation, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is further directed to mail an information package to Plaintiff.

SO ORDERED.

Dated: October 17, 2023 White Plains, New York KENNETH M. KARAS United States District Judge DEFENDANT AND SERVICE ADDRESS Sutton Park Center for Nursing & Rehabilitation Lockwood Avenue New Rochelle, New York 10801