White v. The Office of DOE of Pupil Transportation
White v. The Office of DOE of Pupil Transportation
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK . KEISHA M. WHITE, Plaintiff, 1:24-CV-8624 (JGK) THE OFFICER OF DOE PUPIL TRANSPORTAION; SAMANTHA SRE Se GONZALEZ; NAIAD KHEMRAJ; CHRISTINE OWNES, Defendants. JOHN G. KOELTL, United States District Judge: Plaintiff Keisha M. White, who is appearing pro se, filed this action invoking the court’s federal question jurisdiction, seeking damages and, perhaps, injunctive relief. She appears to assert claims on her own behalf and on behalf of her minor daughter.! Plaintiff sues: (1) what the Court understands to be the New York City Department of Education’s (“DOE”) Office of Pupil Transportation (“OPT”); (2) OPT official Samantha Gonzalez; (3) an Office Administrator and Community Coordinator at The Facing History School, Naiad Khemraj; and (4) the Payroll Secretary at The Facing School, Christine Owens.” The Court construes the complaint as asserting claims against the OPT under the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973. The Court also
' Under Rule 5.2(a)(3) of the Federal Rules of Civil Procedure, references to a minor child’s name in court submissions must be made by using only the child’s name’s initials. See Fed. R. Civ. P. 5.2(a)(3). Plaintiff, in her complaint and in her in forma pauperis (“IFP”) applications, reveals the full name of her minor child. Accordingly, in an abundance of caution, the Court has directed the Clerk of Court to restrict electronic access to Plaintiff's complaint and IFP applications to a “case participant-only” basis. ? Plaintiff alleges that her minor daughter attends The Facing History School, a public DOE middle and high school.
construes the complaint as asserting claims against the OPT and the individual defendants under state law. By order dated November 20, 2024, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The Court directs service on the defendants. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, she is entitled to assistance from the Court and the United States Marshals Service (“USMS”) to effect service.? 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 serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service on the defendants through the USMS, the Clerk of Court is instructed to fill out a USMS Process Receipt and Return form (“USM-285 form”) for each of the defendants. The Clerk of Court is further instructed to issue a summons for each of the defendants and deliver to the USMS all of the paperwork necessary for the USMS to effect service of a summons and the complaint on each of the defendants. If the complaint is not served within 90 days after the date summonses for the defendants 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 plaintiffs responsibility to request an extension of time for service).
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.
Plaintiff must notify the Court in writing if her address changes, and the Court may dismiss the action if she fails to do so. CONCLUSION The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs service on the defendants. The Court further directs the Clerk of Court to: (1) issue summonses for Defendants “The Office of DOE of Pupil Transportation,”* Samantha Gonzalez, Naiad Khemraj, and Christine Owens; (2) complete USM-285 forms with the service addresses for each of those defendants; and (3) deliver all documents necessary to effect service of a summons and the complaint on each of those defendants to the USMS. Parties proceeding pro se may submit filings by email to [email protected] and may consent to receive all court documents electronically. The consent to electronic service form and instructions about filing by email are both available on the court’s website at https://www.nysd.uscourts.gov/prose. Pro se parties who do not wish to submit filings electronically may submit documents by regular mail or in person at the U.S. Courthouses in Manhattan (500 Pearl Street, New York, New York 10007) and in White Plains (300 Quarropas Street, White Plains, New York 10601). The City Bar Justice Center (“CBJC”) operates the SDNY Federal Pro Se Legal Assistance Project to assist self-represented parties with civil cases in this court. Appointments can be scheduled by phone (212-382-4794), email ([email protected]), or by completing the CBJC’s intake form. The CBJC is a private organization that it not part of the court, and the
4 The Court understands this defendant to be the New York City Department of Education’s Office of Pupil Transportation.
CBJC’s SDNY Federal Pro Se Legal Assistance Project cannot accept filings on behalf of the court. A flyer with details is attached. SO ORDERED. Dated: New York, New York mee if 2(19(a4 HN G. KOELTL ted States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
I; New York City Department of Education Office of Pupil Transportation 44-36 Vernon Boulevard Long Island City, New York 11101 Bs Samantha Gonzalez Office of Pupil Transportation 44-36 Vernon Boulevard Long Island City, New York 11101 a: Naiad Khemraj, Office Administrator/Community Coordinator The Facing History School 525 West 50th Street New York, New York 10019 4. Christine Owens, Payroll Secretary The Facing History School 525 West 50th Street New York, New York 10019
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ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY). This project assists plaintiffs and defendants on a variety of federal legal issues, including, among others, civil rights, employment discrimination, and disability discrimination. The team also assists incarcerated individuals with civil (non- criminal) claims. HOW WE HELP Fed Pro provides limited assistance through full-time attorneys, legal support team members, pro bono (volunteer) attorneys, law school/college interns, anda social work team. While we cannot provide full representation, Fed Pro can assist litigants by providing limited-scope services such as:
Counseling about potential oe Consulting on discovery federal claims prior to filing suit “a> matters Interpreting and explaining 22, Assisting with the settlement = federal law and procedure S62 process (including mediation) (FG Reviewing drafted pleadings and correspondence with the Court
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