Gibson v. The Trustee's of Columbia University in the City of New York
- Rochon
- 1:25-cv-03156
- U.S. District Court · Southern District of New York
- 3
In Gibson v. Trustees of Columbia University, Judge Rochon ordered U.S. Marshals to serve defendants in Gibson’s race-discrimination lawsuit.
Marlon Gibson and the defendants named in the action: the Trustees of Columbia University in the City of New York, Denis Kore, Kellie Brown, and Theressa Todmann.
What happened
In Gibson v. The Trustees of Columbia University in the City of New York, Marlon Gibson, without a lawyer, alleges that his employer discriminated against him because of his race. The court understood his amended complaint to raise claims under federal, New York State, and New York City human-rights laws.
The court had already allowed Gibson to proceed without paying filing fees upfront. Because of that permission, the court said Gibson could rely on the court and the U.S. Marshals Service to serve the defendants. The clerk was directed to prepare summonses and service forms for the Trustees of Columbia University in the City of New York, Denis Kore, Kellie Brown, and Theressa Todmann.
The court ordered the clerk to give the required documents to the Marshals Service and to mail Gibson an information package. Judge Jennifer L. Rochon also stated that service should occur within 90 days after the summonses are issued and that Gibson should ask for more time if necessary. The order did not decide whether Gibson’s discrimination claims are valid.
The detailed version
- Gibson v. The Trustee's of Columbia University in the City of New York · No. 1:25-cv-03156
- Rochon
- May 20, 2025
Background
Marlon Gibson, proceeding without a lawyer, brought an action alleging that his employer discriminated against him because of his race. The opinion states that Gibson filed an amended complaint on April 23, 2024. The court understood that complaint to assert claims under Title VII of the Civil Rights Act of 1964 and the New York City and New York State Human Rights Laws.
By an order dated May 16, 2025, the court allowed Gibson to proceed without prepaying filing fees. This is commonly called permission to proceed in forma pauperis, meaning the plaintiff may pursue the case without paying the filing fee in advance.
Service of the Complaint
Because Gibson received that permission, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court cited the federal statute and rule requiring service by court officers or the Marshals Service in these circumstances.
The defendants identified in the order are the Trustees of Columbia University in the City of New York, Denis Kore, Kellie Brown, and Theressa Todmann. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue a summons for each defendant, and provide the Marshals Service with the paperwork needed to make service.
Deadlines and Other Instructions
The court noted that service generally must occur within 90 days, but explained that Gibson could not have served the amended complaint before the court reviewed it and ordered the summonses. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, the order states that Gibson should ask for an extension.
The order also requires Gibson to notify the court in writing if his address changes and warns that the court may dismiss the action if he fails to do so. The clerk was directed to mail Gibson an information package.
Disposition and Scope of the Order
The court entered an order directing the clerk to issue summonses, complete the service forms, and deliver the necessary documents to the Marshals Service. This was an order about serving the defendants; it did not decide the merits of Gibson’s race-discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.