Rowett v. Coverys

District Court, S.D. New York

Rowett v. Coverys

Trial Court Opinion

DOC#: □□ DATE FILED: □□□□□□□□□ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LINDA ROWETT, Plaintiff, -against- COVERYS, PROSELECT INSURANCE 24-CV-S417 (ALC) COMPANY, COVERYS SPECIALTY INSURANCE GROUP, MEDICAL ORDER OF SERVICE PROFESSIONAL MUTUAL INSURANCE COMPANY (PROMUTUAL), PROMUTUAL GROUP INC., Defendants.

ANDREW L. CARTER, JR., United States District Judge: Plaintiff, who is proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17; the Americans with Disabilities Act of 1990,

42 U.S.C. §§ 12112-12117

; the Age Discrimination in Employment Act of 1967,

29 U.S.C. §§ 621

- 634; the New York State Human Rights Law,

N.Y. Exec. Law §§ 290

to 297; and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 to 131, alleging that her employer discriminated against her based on her religion, disability, and age. By order dated July 18, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 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.! Walker vy. Schult,

717 F.3d. 119

, 123

‘Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

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). To allow Plaintiff to effect service on Defendants 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 each defendant. 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 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 his 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 for each defendant, complete the USM-285 form with the address for each defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: August 27, 2024 [Ayuda New York, New York ey Che Cy ANDREWL. CARTER, JR. United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

1. Coverys One Financial Center Boston, MA 02111 2. ProSelect Insurance Companies One Financial Center Boston, MA 02111 3. Coverys Specialty Insurance Company 1000 Main Street Chatham, NJ 07928 4. Medical Professional Mutual Insurance Company (ProMutual) One Financial Center Boston, MA 02111 5. ProMutual Group, Inc. One Financial Center Boston, MA 02111

Reference

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