White v. Orange Urgent Care, PLLC
White v. Orange Urgent Care, PLLC
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARKISHA PATRICE WHITE,
Plaintiff,
No. 24-CV-6827 (KMK) v.
ORDER OF SERVICE ORANGE URGENT CARE, PLLC; PATRICIA SIRCABLE; and MARELIN CORDERO,
Defendants.
KENNETH M. KARAS, United States District Judge: Plaintiff, proceeding pro se, brings this Action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 and the New York State Human Rights Law, N.Y. Exec. Law §§ 290–97, alleging that Defendants Orange Urgent Care, PLLC, Patricia Sircable, and Marelin Ordero discriminated against her based on herrace. OnSeptember 23, 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, sheis entitled to rely on the Court and the U.S. Marshals Service(“USMS”)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 USMS to effect service “if the plaintiff is authorized to proceed IFP”).
1Although Federal Rule of Civil Procedure 4(m) generally requires that a summons be served within 90 days of filing of the Complaint, 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. To allow Plaintiff to effect service on Defendants through the USMS, the Clerk of Court is respectfully directed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form’) for each of the Defendants. The Clerk of Court is further respectfully directed to issue summonses and deliver to the USMS 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. The Clerk of Court is respectfully directed to mail an information package to Plaintiff. The Court directs service on Defendants Orange Urgent Care, PLLC, Patricia Sircable, and Marelin Cordero. The Court also respectfully directs the Clerk of Court to: (1) issue summonses for each of the Defendants; (2) complete USM-285 forms with the service addresses for those Defendants; and (3) deliver all documents necessary to effect service of summonses and the Complaint on those Defendants to the USMS. SO ORDERED. Dated: December 5, 2024 i Yah Sy White Plains, New York
-KENNETHM. KARAS United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
Orange Urgent Care, PLLC 75 Crystal Run Rd. Middletown, NY 10941 Patricia Sircable Orange Urgent Care, PLLC 75 Crystal Run Rd. Middletown, NY 10941 Marelin Cordero 41 Dogwood Drive Middletown, NY 10940
Reference
- Status
- Unknown