Montero v. City of New York
- Rochon
- 1:25-cv-02482
- U.S. District Court · Southern District of New York
- 6
In Montero v. City of New York, Judge Rochon dismissed claims against a city office, ordered service on others, and denied counsel without prejudice.
Antony Montero’s claims against the Office of the Mayor – Office of Labor Relations were dismissed, while his claims against the City of New York, Lisa Jones, Shaneka McKellar, R. Campion, Claire Cammarta, and Waltra Montgomery proceeded to service. His request for full-scope pro bono counsel was denied without prejudice.
What happened
In Montero v. City of New York, Antony Montero, who is representing himself, brought claims under Title VII, the Americans with Disabilities Act, and other laws. The court had allowed him to proceed without paying filing fees in advance.
The court dismissed Montero’s claims against the Office of the Mayor – Office of Labor Relations because a city office or agency cannot generally be sued. The court will treat allegations against that office as claims against the City of New York. The court ordered the U.S. Marshals Service to serve the City, Lisa Jones, Shaneka McKellar, R. Campion, Claire Cammarta, and Waltra Montgomery.
Judge Rochon denied Montero’s request for full-scope pro bono counsel without prejudice to renewal later because it was too early to assess the case’s merits. The court said it would separately refer the case to mediation and request counsel for that limited purpose, and denied fee-free status for any appeal from this order.
The detailed version
- Montero v. City of New York · No. 1:25-cv-02482
- Rochon
- Apr. 28, 2025
Background
Antony Montero is proceeding without a lawyer and alleged that the defendants violated Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal and state laws. The court had granted his request to proceed without prepaying filing fees. The final amended complaint was the operative pleading.
Claims Against the Office of Labor Relations
The court dismissed Montero’s claims against the Office of the Mayor – Office of Labor Relations. Applying the screening requirement for complaints filed without prepayment of fees, the court concluded that an office or agency of the City of New York is not an entity that can be sued and therefore that the claims failed to state a claim for relief. The court did not add a “with prejudice” or “without prejudice” designation to this dismissal.
Because Montero was representing himself, the court said it would construe allegations against the Office of Labor Relations as allegations against the City of New York, which is also a defendant.
Service of the Remaining Defendants
The court ordered the Clerk of Court to issue summonses and prepare the required service forms for the City of New York, Lisa Jones, Shaneka McKellar, R. Campion, Claire Cammarta, and Waltra Montgomery. The documents were to be delivered to the U.S. Marshals Service so it could serve those defendants. The court extended the service period until 90 days after any summonses issue. It also stated that Montero must notify the court in writing if his address changes and that the action could be dismissed if he fails to do so.
Request for Counsel
Montero applied for the court to request pro bono counsel. The court denied the application for full-scope representation without prejudice to renewal later because the case was at too early a stage for the court to assess its merits. The court noted that, by separate order, it would refer the action to mediation and request pro bono counsel for the limited purpose of representing Montero in mediation.
Conclusion and Appeal
Judge Rochon dismissed Montero’s claims against the Office of the Mayor – Office of Labor Relations, directed service of the remaining defendants, and denied the application for pro bono counsel without prejudice to renewal. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.