Patrice Noel v. Neighborhood Defender Service, Inc.; Zainab Akbar; Carolyn...
Patrice Noel v. Neighborhood Defender Service, Inc.; Zainab Akbar; Carolyn...
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICE NOEL, Plaintiff, 10/20/2025 -against- NEIGHBORHOOD DEFENDER SERVICE, 25-cv-6995 (MKV) INC.; ZAINAB AKBAR; CAROLYN KLEMENS; DANTÉ BROWNE; MATTHEW ORDER OF SERVICE KNECHT; SHANNON ANGLERO; PIYALI BASAK; JACOB SCHNEIDER; AMY ARMSTRONG; MYRANDA MENDEZ; ROXANNA GUTIERREZ; RICK JONES, Defendants. MARY KAY VYSKOCIL, 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, the Age Discrimination in Employment Act of 1967, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer, Neighborhood Defender Service of Harlem (“NDS”) discriminated against her because of her race, sex, and disability. By order dated August 28, 2025, 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, 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 0F (2d Cir. 2013); see also
28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all 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. 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 NDS, Zainab Akbar, Carolyn Klemens, Danté Browne, Matthew Knecht, Shannon Anglero, Piyali Basak, Jacob Schneider, Amy
Armstrong, Myranda Mendez, Roxanna Gutierrez, and Rick Jones 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 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 his 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. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. _________________________________ Date: October 20, 2025 MARY KAY VYSKOCIL New York, NY United States District Judge SERVICE ADDRESS FOR EACH DEFENDANT
Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Zainab Akbar Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Carolyn Klemens Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Danté Browne Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Matthew Knecht Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Shannon Anglero Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Piyali Basak Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Jacob Schneider Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Amy Armstrong Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Myranda Mendez Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Roxanna Gutierrez Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027 Rick Jones Neighborhood Defender Service, Inc. 317 Lenox Avenue, 10th Floor New York, NY 10027
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Reference
- Full Case Name
- Patrice Noel v. Neighborhood Defender Service, Inc.; Zainab Akbar; Carolyn Klemens; Danté Browne; Matthew Knecht; Shannon Anglero; Piyali Basak; Jacob Schneider; Amy Armstrong; Myranda Mendez; Roxanna Gutierrez; Rick Jones
- Status
- Unknown