Kagan v. Roundabout Theater Company

Background

Barbara C. Kagan filed this pro se action under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and New York State and City Human Rights Laws. She alleged that her employer discriminated against her because of her religion, age, and disability. In an order dated November 25, 2019, the court allowed her to proceed without paying filing fees, known as proceeding in forma pauperis.

Service of the Complaint

The court explained that a plaintiff proceeding without paying filing fees may rely on the court and the U.S. Marshals Service to serve the summons and complaint. Because Kagan could not serve the defendants until the court reviewed the complaint and ordered summonses issued, the court extended the service deadline to 90 days after the summonses are issued.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Roundabout Theater Company, Todd Haimes, and Julia C. Levy; issue summonses; and provide the Marshals Service with the documents needed to serve those defendants. Kagan was told to notify the court in writing if her address changes, and the court stated that the action may be dismissed if she fails to do so.

Disposition

Judge Andrew L. Carter, Jr. ordered the Clerk to mail Kagan a copy of the order and an information package, issue the summonses, complete the service forms, and deliver the necessary documents to the Marshals Service. The court also certified that an appeal from this order would not be taken in good faith and denied Kagan permission to proceed without paying fees for an appeal. This order addressed service and appeal-fee status; the opinion text does not state a ruling on the merits of Kagan's discrimination claims.