Ivy v. MTA Metro-North Commuter Railroad

Background

Beatrice S. Ivy brought this action without a lawyer against MTA Metro-North Commuter Railroad. She alleged employment discrimination based on gender and race under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York City Human Rights Law, and the New York State Human Rights Law. The court had previously granted Ivy permission to proceed without paying filing fees.

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 defendant. Because Ivy could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued, the court extended the service period to 90 days after the summons is issued. The court stated that if service is not completed within that period, Ivy should ask for more time.

The Clerk of Court was directed to complete the required U.S. Marshals Service form, issue the summons, and provide the Marshals Service with the documents needed to serve MTA Metro-North Commuter Railroad at the address listed in the order. The Clerk was also directed to mail Ivy an information package. The court warned that Ivy must notify it in writing of any address change and that the action could be dismissed if she failed to do so.

Ruling and Scope

Judge Vernon S. Broderick issued an order of service directing the Clerk and the U.S. Marshals Service to take steps to serve MTA Metro-North Commuter Railroad. The order did not decide the merits of Ivy's discrimination allegations.