Rodriques v. Memorial Sloan Kettering Cancer Center

Background

Marshagay Rodriques, who was representing herself, sued Memorial Sloan Kettering Cancer Center (MSK), her former employer. She asserted claims under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws, alleging discrimination based on national origin. The court stated that it could construe the complaint as also asserting claims under 42 U.S.C. § 1981. Rodriques sought damages and reinstatement.

The court had granted Rodriques permission to proceed without paying filing fees upfront on April 15, 2020. In such a case, federal law allows the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant.

Service Order

The court directed service of the complaint on MSK. It instructed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve MSK.

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. Because Rodriques could not have served MSK until the court reviewed the complaint and ordered that a summons be issued, the court extended the service period to 90 days after the summons for MSK is issued. The court stated that, if service is not completed within that period, Rodriques should request an extension of time.

Other Directions and Disposition

The court encouraged people representing themselves to submit filings by email during the global health crisis and provided information about electronic service. It directed the Clerk to mail Rodriques a copy of the order and an information package.

The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order otherwise directed the steps necessary to serve MSK; it did not decide whether Rodriques’s discrimination claims were legally or factually valid.