Hurtado-Cassone v. East Ramapo Central School District
Hurtado-Cassone v. East Ramapo Central School District
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KATHERINE HURTADO-CASSONE,
Plaintiff, ORDER OF SERVICE -against-
EAST RAMAPO CENTRAL SCHOOL 24-CV-6632 (PMH) DISTRICT; KAREN J. PINEL; LOUIS FATTA,
Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the New York State Human Rights Law, alleging that her employer discriminated against her based on her sex and disability. By order dated September 10, 2024, Chief Judge Laura Taylor Swain granted Plaintiff’s request to proceed in forma pauperis (“IFP”). 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)). To allow Plaintiff to effect service on Defendants East Ramapo Central School District, Karen J. Pinel, and Louis Fatta 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
1Although 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. 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 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 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. Plaintiff may receive court documents by email by completing the form, Consent_to Electronic Service.” The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: White Plains, New York October 4, 2024 ( } | ( PHILIP M. HALPERN United States District Judge
? If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.
SERVICE ADDRESS FOR EACH DEFENDANT
East Ramapo Central School District 105 South Madison Avenue Spring Valley, NY 10549 Principal Karen J. Pinel Spring Valley Hight School 361 Route 59 Spring Valley, NY 10977 Louis Fatta Spring Valley Hight School 361 Route 59 Spring Valley, NY 10977
Reference
- Status
- Unknown