Opinion

Brown v. New York City Department of Education

Court
District Court, S.D. New York
Filed
Aug 14, 2020
Cited by
0 cases
Authority
More cited than 27.1%

“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”

How later courts described this case

  • “As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”
  • holding that it is the plaintiff’s responsibility to request an extension of time for service

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

MARY BROWN, 8/14/2020

Plaintiff,

20-CV-2424 (VEC)

-against-

ORDER OF SERVICE

NEW YORK CIY DEPARTMENT OF

EDUCATION,

Defendant.

VALERIE CAPRONI, United States District Judge:

Plaintiff filed this pro se action alleging that Defendants discriminated against her on the

basis of her age and disability, in violation of the Age Discrimination in Employment Act of

1967, the Americans with Disabilities Act of 1990, and the New York State and City Human

Rights Laws. By order dated April 8, 2020, the Court granted Plaintiff’s request to proceed in

forma pauperis (IFP). The Court issued an order of service on April 9, 2020, but service was

never executed. On August 11, 2020, Plaintiff filed an amended complaint.

Because Plaintiff has been granted permission to proceed IFP, Plaintiff 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

all 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)). Although Rule 4(m) of the Federal

Rules of Civil Procedure generally requires that the summons and complaint be served within 90

days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the

summons and complaint until the Court reviewed the complaint and ordered that a summons be

issued. The Court therefore extends the time to serve until 90 days after the date the summons is

issued on the Amended Complaint. If the Amended Complaint is not served within that time,

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); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff

proceeding IFP] provides the information necessary to identify the defendant, the Marshals’

failure to effect service automatically constitutes ‘good cause’ for an extension of time within the

meaning of Rule 4(m).”).

To allow Plaintiff to effect service on Defendant New York City Department of Education

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 this defendant. The Clerk of

Court is further instructed to issue a summons and deliver to the Marshals Service all the

paperwork necessary for the Marshals Service to effect service upon this defendant.

Plaintiff must notify the Court in writing if Plaintiff’s address changes, and the Court may

dismiss the action if Plaintiff fails to do so.

CONCLUSION

The Clerk of Court is instructed to complete the USM-285 form with the address for the

New York City Department of Education and deliver all documents necessary to effect service to

the U.S. Marshals Service.

Plaintiff has consented to receive electronic service of court documents. (ECF 10.)

SO ORDERED.

Dated: August 14, 2020

New York, New York

VALERIE CAPRONI

United States District Judge

DEFENDANT AND SERVICE ADDRESS

1. New York City Department of Education

Tweed Courthouse

52 Broadway

New York, N.Y. 10007

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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