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S.D.N.Y.Procedural orderFiled Aug. 27, 2024

Rowett v. Coverys

Judge
Andrew Carter
Docket
1:24-cv-05417
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Rowett v. Coverys, Judge Carter ordered service of the lawsuit through the U.S. Marshals Service.

Who this affects

Linda Rowett and the five named defendants are affected. The Clerk of Court and the U.S. Marshals Service were directed to carry out service, and the case proceeds to the service stage without a ruling on the discrimination claims.

What happened

In Rowett v. Coverys, Linda Rowett, representing herself, alleges that her employer discriminated against her because of religion, disability, and age under federal, New York State, and New York City laws.

The court had allowed Rowett to proceed without prepaying filing fees. Because she was proceeding that way, the court ordered the Clerk to issue summonses, prepare service forms, and send the necessary papers to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summonses are issued and said Rowett should request more time if service is not completed by then.

Judge Andrew L. Carter, Jr. ordered the Clerk to arrange service on the five defendants and mail Rowett an information package. The order did not decide whether Rowett’s discrimination claims have merit.

The detailed version

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

Case
Rowett v. Coverys · No. 1:24-cv-05417
Judge
Andrew Carter
Date
Aug. 27, 2024

Background

Linda Rowett, who is proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her based on religion, disability, and age. The defendants are Coverys, ProSelect Insurance Company, Coverys Specialty Insurance Group, Medical Professional Mutual Insurance Company (ProMutual), and ProMutual Group Inc.

The court had previously granted Rowett permission to proceed without prepaying filing fees. In such cases, federal law requires the court to arrange service through the U.S. Marshals Service after the court directs that summonses be issued.

Court’s Action

The court ordered the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the necessary documents to the Marshals Service. The court extended the time for service until 90 days after the summonses are issued because Rowett could not have served the defendants before the court reviewed the complaint and ordered issuance of the summonses.

The court stated that if the complaint is not served within those 90 days, Rowett should request an extension of time. It also directed her to notify the court in writing if her address changes and directed the Clerk to mail her an information package.

Disposition and Effect

Judge Andrew L. Carter, Jr. entered an order of service. The order addressed how the defendants must be served and did not determine whether Rowett’s discrimination claims are legally sufficient or supported by the facts.

The authoritative version

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

Open opinion PDF →
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