Williams-Lawson v. Subway Surface Supervisors Association
- Paul Gardephe
- 1:20-cv-08544
- U.S. District Court · Southern District of New York
- 3
In Williams-Lawson v. Subway Surface Supervisors Association, Judge Gardephe ordered the U.S. Marshals Service to serve the defendants.
Williams-Lawson may rely on the U.S. Marshals Service to serve Subway Surface Supervisors Association, Michael Carrube, and William Torres. The Clerk of Court and Marshals Service were directed to take steps to carry out service.
What happened
Yvette Williams-Lawson, representing herself, sued Subway Surface Supervisors Association, Michael Carrube, and William Torres, alleging race, sex, and religion discrimination under federal, state, and city laws. The court had already allowed her to proceed without paying filing fees.
Because Williams-Lawson was allowed to proceed without paying fees, the court said she could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court also extended the service deadline and explained that she should ask for more time if necessary.
Judge Paul G. Gardephe ordered the Clerk of Court to prepare the service forms, issue summonses, and give the required documents to the U.S. Marshals Service for service on all three defendants. The order did not decide whether the alleged discrimination occurred or whether Williams-Lawson's claims were legally valid.
The detailed version
- Williams-Lawson v. Subway Surface Supervisors Association · No. 1:20-cv-08544
- Paul Gardephe
- Oct. 16, 2020
Background
Yvette Williams-Lawson brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her because of her race, sex, and religion. The defendants are Subway Surface Supervisors Association, Michael Carrube, and William Torres.
The court had granted Williams-Lawson permission to proceed without paying filing fees in an order dated October 14, 2020. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the defendants with the summons and complaint.
Service of Process
Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed. The court explained that Williams-Lawson could not have served the defendants before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the time for service. It also stated that, if more time is needed, Williams-Lawson should request an extension.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the documents needed for service to the Marshals Service. The court also directed the Clerk to mail Williams-Lawson a copy of the order and an information package. Williams-Lawson must notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so.
The order concerns service of the lawsuit and does not resolve Williams-Lawson's discrimination claims. Judge Paul G. Gardephe signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.