Cruz v. 32BJ SEIU

Background

Carina Cruz filed this self-represented lawsuit against 32BJ SEIU and Kyle Bragg. She brought claims under Title VII of the Civil Rights Act of 1964, a federal law addressing workplace discrimination, and under the New York State and New York City Human Rights Laws. She alleged that her labor union discriminated against her based on race and national origin.

The court had previously granted Cruz permission to proceed without paying filing fees. That status allowed her to rely on the court and the U.S. Marshals Service to serve the defendants.

Service of Process

The Federal Rules of Civil Procedure generally require a complaint and summons to be served within 90 days after the complaint is filed. The court explained that Cruz could not have served the defendants before the court reviewed her complaint and ordered summonses to be issued. The court therefore extended the service deadline until 90 days after the summonses are issued.

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to serve 32BJ SEIU and Kyle Bragg. The court also stated that Cruz must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so.

Ruling

Judge Lorna G. Schofield ordered the Clerk of Court to mail Cruz a copy of the order and an information package, issue the summonses, complete the service forms using the defendants’ listed addresses, and deliver the necessary documents to the Marshals Service. The order addressed service of the lawsuit and did not rule on the merits of Cruz’s discrimination claims.