Ashleigh v. The Mount Sinai Hospital
- Laura Swain
- 1:25-cv-06171
- U.S. District Court · Southern District of New York
- 3
In Theophania Ashleigh v. The Mount Sinai Hospital, Judge Oetken ordered service of Ashleigh’s lawsuit through federal marshals.
The order affects Theophania Ashleigh, who is proceeding without a lawyer, and The Mount Sinai Hospital, which must be served with the summons and complaint.
What happened
Theophania Ashleigh is suing her former employer, The Mount Sinai Hospital, for alleged retaliation and employment discrimination under federal, state, and city laws. She is representing herself and was allowed to proceed without paying court fees upfront.
The court directed the Clerk of Court to issue a summons, prepare the service paperwork, and send the documents to the United States Marshals Service so the Marshals can serve Mount Sinai. Ashleigh has 90 days after the summons is issued to complete service or request more time.
Judge J. Paul Oetken also directed the Clerk to mail Ashleigh an information package. The order did not decide whether Ashleigh’s discrimination or retaliation claims have merit.
The detailed version
- Ashleigh v. The Mount Sinai Hospital · No. 1:25-cv-06171
- Laura Swain
- Nov. 7, 2025
Background
Theophania Ashleigh, proceeding without a lawyer, asserts retaliation and employment-discrimination claims against her former employer, The Mount Sinai Hospital. The opinion identifies the claims as arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws.
The court had previously granted Ashleigh permission to proceed without prepaying filing fees. Because she was allowed to proceed this way, the court stated that she was entitled to assistance from the court and the United States Marshals Service in serving the defendant.
Service Order
The court directed the Clerk of Court to issue a summons for The Mount Sinai Hospital, complete a United States Marshals Service receipt-and-return form with the hospital’s service address, and provide the Marshals Service with the documents needed to serve the summons and complaint.
The court extended the service period so that Ashleigh has 90 days after the summons is issued to serve Mount Sinai. If service is not completed within that period, the order states that Ashleigh should request an extension of time. The order also requires Ashleigh to notify the court in writing if her address changes and states that the court may dismiss the action if she fails to do so.
Disposition
The court directed service of the complaint through the United States Marshals Service and directed the Clerk to mail Ashleigh an information package. The order did not rule on the merits of Ashleigh’s retaliation or employment-discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.