Brown v. New York City Department of Education

Background

Mary Hurd Brown sued the New York City Department of Education and Eric Friedman, identified in the caption as Supervisor of Manhattan Attendance Teachers. In an earlier order dated April 3, 2020, the court allowed Brown to proceed without paying filing fees. The order states that parties proceeding without lawyers are encouraged to file by email during the public-health crisis, but the opinion does not identify Brown's specific filing method.

Service of process

Because Brown was allowed to proceed without paying filing fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that she could not have served the summons and complaint until the court reviewed the complaint and ordered that a summons be issued. It therefore extended the service period to 90 days after the summons is issued. The court stated that, if service is not completed within that period, Brown should request an extension of time.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service. The order lists service addresses for the New York City Department of Education and Eric Friedman. Brown was also required to notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.

Disposition

Judge Valerie Caproni ordered the Clerk of Court to complete the service forms and deliver the documents to the Marshals Service. This was an order about service and case administration, not a decision on the merits of Brown's claims.