Febrianti v. NYC Health & Hospitals
- Rochon
- 1:23-cv-06175
- U.S. District Court · Southern District of New York
- 3
In Febrianti v. NYC Health & Hospitals, Judge Rochon ordered Marshals service of the complaint; the discrimination claims were not decided.
Erica Febrianti and NYC Health & Hospitals; the order directs the Clerk and U.S. Marshals Service to serve NYC Health & Hospitals and affects Febrianti’s service and appeal-fee procedures.
What happened
In Febrianti v. NYC Health & Hospitals, Erica Febrianti, representing herself, alleges that NYC Health & Hospitals discriminated against her because of religion, sex, and age, and retaliated after an earlier discrimination charge. She brings claims under federal and New York antidiscrimination laws.
Because the court had allowed Febrianti to proceed without paying filing fees, it ordered the Clerk to issue a summons and prepare the paperwork for the U.S. Marshals Service to serve NYC Health & Hospitals. The time to serve is 90 days after the summons is issued. The order did not decide whether the discrimination or retaliation claims are valid.
Judge Jennifer L. Rochon also directed the Clerk to mail Febrianti an information package and said she must notify the court if her address changes. The court denied permission to appeal without paying fees for an appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Febrianti v. NYC Health & Hospitals · No. 1:23-cv-06175
- Rochon
- Aug. 4, 2023
Background
Erica Febrianti filed this action without a lawyer against NYC Health & Hospitals. She alleges discrimination based on religion, sex, and age, as well as retaliation for filing an earlier discrimination charge. Her claims arise under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and New York State and City human-rights laws. The court had already granted her permission to proceed without paying filing fees.
Service of the Complaint
Because Febrianti was proceeding without paying filing fees, the court ordered service through the U.S. Marshals Service. The Clerk of Court was directed to issue a summons, complete the required U.S. Marshals Service process form with NYC Health & Hospitals’ service address, and provide the Marshals Service with the documents needed for service.
The court extended the service period so that the 90-day period begins when the summons is issued, rather than when the complaint was filed. If service is not completed within those 90 days, Febrianti should ask for more time. The court also directed her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Disposition
This was an order arranging service of the lawsuit. It did not decide the merits of Febrianti’s discrimination or retaliation allegations. The court directed the Clerk to mail her an information package and denied permission to appeal this order without paying filing fees, certifying that an appeal would not be taken in good faith.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.