Pearson v. City of New York City Department of Education
- Ronnie Abrams
- 1:20-cv-03592-RA
- U.S. District Court · Southern District of New York
- 4
In Pearson v. New York City Department of Education, Judge Abrams ordered Marshals to serve defendants in Pearson’s discrimination case.
Antonia Pearson, the New York City Department of Education, Emarilix Lopez, and Peter Ianniello; the Clerk of Court and U.S. Marshals Service were directed to assist with service.
What happened
Pearson v. New York City Department of Education concerns Antonia Pearson’s claims that her employer discriminated against her because of her race and age under federal, state, and city laws. She is representing herself and had permission to proceed without paying filing fees.
The court ordered the Clerk to issue summonses and prepare service forms for the New York City Department of Education, Emarilix Lopez, and Peter Ianniello. The U.S. Marshals Service will handle service, and the time to serve was extended until 90 days after the summonses are issued.
Judge Ronnie Abrams also directed Pearson to notify the court if her address changes and stated that the case may be dismissed if she does not do so. This order addressed service of the lawsuit, not whether Pearson’s discrimination claims are valid.
The detailed version
- Pearson v. City of New York City Department of Education · No. 1:20-cv-03592-RA
- Ronnie Abrams
- May 22, 2020
Background
Antonia Pearson filed this lawsuit without a lawyer. She alleges that her employer discriminated against her because of her race and age, in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the New York State and New York City Human Rights Laws.
The court had previously granted Pearson permission to proceed without paying filing fees. In such cases, federal law and court rules allow the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendants.
Order
The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each of these defendants: the New York City Department of Education, Emarilix Lopez, and Peter Ianniello. The Clerk was also directed to issue summonses and provide the Marshals Service with the documents needed to serve them.
The usual deadline for serving a summons and complaint is 90 days after the complaint is filed. Because Pearson could not serve the defendants until the court reviewed the complaint and ordered summonses issued, the court extended her service deadline to 90 days after the summonses are issued. If service is not completed by then, the opinion states that Pearson should request an extension of time.
Pearson must notify the court in writing if her address changes. The court stated that it may dismiss the action if she fails to provide that notice. The Clerk was directed to mail Pearson a copy of the order and an information package.
What the Order Did Not Decide
The order did not decide whether Pearson was discriminated against or whether her claims may proceed on the merits. It addressed only the initial service of the lawsuit and related filing procedures.
Classification
This is a procedural order because it concerns service of process and does not decide the underlying discrimination claims. Judge Ronnie Abrams issued the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.