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S.D.N.Y.Procedural orderFiled Aug. 20, 2024

AlSariaa v. New York Junior for Tennis & Learning - public school 215

Judge
Edgardo Ramos
Docket
1:24-cv-04902
Court
U.S. District Court · Southern District of New York
Pages
3
EmploymentCivil ProcedurePro Se
In one sentence

In AlSariaa v. New York Junior, Judge Ramos ordered U.S. Marshals service after granting IFP status in a Title VII national-origin discrimination case.

Who this affects

Noora Dhafir Alsariaa, the defendant New York Junior for Tennis & Learning - Public School 215, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Noora Dhafir Alsariaa v. New York Junior for Tennis & Learning - Public School 215, the plaintiff, who is representing herself, alleges that her employer discriminated against her because of her national origin under Title VII of the Civil Rights Act of 1964.

The court had previously allowed the plaintiff to proceed without paying court fees in advance. Because of that status, the plaintiff may rely on the court and the U.S. Marshals Service to serve the defendant with the lawsuit.

Judge Edgardo Ramos ordered the Clerk of Court to issue the summons, complete the service paperwork, and provide the necessary documents to the Marshals Service. The plaintiff must ask for more time if service is not completed within 90 days after the summons is issued and must notify the court of any address change.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
AlSariaa v. New York Junior for Tennis & Learning - public school 215 · No. 1:24-cv-04902
Judge
Edgardo Ramos
Date
Aug. 20, 2024

Background

Noora Dhafir Alsariaa, proceeding without a lawyer, brought this action under Title VII of the Civil Rights Act of 1964. She alleges that her employer, New York Junior for Tennis & Learning - Public School 215, discriminated against her based on her national origin.

The court had previously granted Alsariaa permission to proceed without prepaying filing fees. In such cases, federal law and the Federal Rules of Civil Procedure require the court to direct the U.S. Marshals Service to serve the defendant when the plaintiff asks for that assistance.

Order

To permit service through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the defendant, issue a summons, and deliver the necessary paperwork to the Marshals Service.

The court explained that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Alsariaa should request an extension of time. The court also directed her to notify the court in writing if her address changes and warned that the action may be dismissed if she fails to do so.

Disposition

Judge Edgardo Ramos ordered the Clerk of Court to issue the summons, complete the service form with the defendant’s listed address, and provide all documents needed for service. The Clerk was also directed to mail an information package to Alsariaa. This order addressed service and did not decide whether the alleged discrimination occurred or whether the Title VII claim will succeed.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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