Fredericks v. New York City Department of Education
Fredericks v. New York City Department of Education
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAKEERAH IMANI FREDERICKS, Plaintiff, -v.- 24 Civ. 1112 (KPF) NEW YORK CITY DEPARTMENT OF ORDER OF SERVICE EDUCATION and UNITED FEDERATION OF TEACHERS, Defendants. KATHERINE POLK FAILLA, United States District Judge: Plaintiff, who is appearing pro se, brings this action against Defendants New York City Department of Education (“NYCDOE”) and United Federation of Teachers (“UFT”), alleging that she was wrongfully terminated from her employment with the NYCDOE. By order dated February 15, 2024, the Court granted Plaintiff’s 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.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
1 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 amended complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. [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 Defendant UFT 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 Defendant UFT. 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 Defendant UFT. If the amended 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 plaintiffs 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 Defendant UFT, complete the USM-285 form with the address for Defendant UFT, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Patecs New York, New York Kathe loll. i; Ch KATHERINE POLK FAILLA United States District Judge
SERVICE ADDRESS FOR DEFENDANT UFT
UNITED FEDERATION OF TEACHERS Manhattan Borough Office 52 Broadway 10th Floor New York, NY 10004
Reference
- Status
- Unknown