Elias v. City of New York

Background

Rifka Renee Elias filed this self-represented action against the City of New York and other defendants. She alleges that her employer discriminated against her because of her religion, asserting claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. The court had previously granted her permission to proceed without paying filing fees or service costs.

Service of Process

Because Elias was proceeding without paying those costs, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin in the ordinary way because Elias could not serve the summons and complaint until the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summonses are issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for the City of New York and New York City Health + Hospitals, issue summonses, and provide the Marshals Service with the documents and addresses needed for service. The listed service addresses were the New York City Law Department at 100 Church Street, New York, New York 10007, and New York City Health + Hospitals at 125 Worth Street, New York, New York 10013.

Ruling

Judge Jesse M. Furman entered an order directing the Clerk to facilitate service through the U.S. Marshals Service and extending the service deadline as described above. The Clerk was also directed to mail Elias a copy of the order and an information package. Elias was required 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. The order addressed service and case administration; it did not resolve the discrimination claims.