Park v. Sanctuary for Families, Inc.
Park v. Sanctuary for Families, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SUNAH PARK, Plaintiff, -against- 24-CV-0787 (JGK) SANCTUARY FOR FAMILIES, INC.; ORDER OF SERVICE DORCHEN LEIDHOLDT; JUDY HARRIS KLUGER, Defendants.
JOHN G. KOELTL, 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. § 1981, and the New York City and State Human Rights laws, alleging that her employer discriminated against her based on her race and national origin. Plaintiff also asserts claims under state law for intentional and negligent infliction of emotional distress. By order dated February 7, 2024, the Court granted Plaintiffs request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 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.! 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
| 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, Plaintiffis proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.
all process... in [FP] 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 Sanctuary for Families, Inc., Dorchen
Leidholdt, and Judy Harris Kluger 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 of these 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 these 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 summonses for Sanctuary for Families, Inc., Dorchen Leidholdt, and Judy Harris Kluger, complete the USM-285 forms with the addresses for
these defendants, and deliver all documents necessary to effect service to the U.S. Marshals
Service, Plaintiff may receive court documents by email by completing the attached form, Consent
to Electronic Service.”
2 Tf Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.
The Clerk of Court is further directed to mail an information package to Plaintiff, SO ORDERED. Dated: . New York, New York oo ; ? / / xi “J JOHN G. KOELTL ‘United States District Judge
DEFENDANTS AND SERVICE ADDRESSES 1, Sanctuary for Families, Inc. 30 Wall Street, 8" Floor New York, NY 10005 2. Dorchen Leidholdt 30 Wall Street, 8" Floor New York, NY 10005 3, Judy Harris Kluger 30 Wall Street, 8" Floor New York, NY 10005
CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. 1 affirm that: 1. Ihave regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. [have established a PACER account; 3. | understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4, 1 will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if | wish to cancel this consent to electronic service; 5. {understand that] must regularly review the docket sheet of my case so that I do not miss a filing; and 6. 1 understand that this consent applies only to the cases listed below and that if | file additional cases in which would like to receive electronic service of notices of documents, I must file consent forms for those cases, Civil case(s) filed in the Southern District of New York: Please list all your pending and terminated cases to which you would like this consent to apply. For each case, include the case name and docket number (for example, John Doe v. New City, 10- CV-01234). ee
Name (Last, First, MI)
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