Stancu v. New York City/Parks Dept.
- Andrew Carter
- 1:20-cv-10371
- U.S. District Court · Southern District of New York
- 4
In Stancu v. New York City/Parks Dept., Judge Carter ordered the U.S. Marshals Service to serve Ryan Stancu’s religious-discrimination complaint.
Ryan Stancu, the self-represented plaintiff, and New York City/Parks Dept., the defendant; the Clerk of Court and U.S. Marshals Service were directed to carry out service-related tasks.
What happened
Stancu v. New York City/Parks Dept. is a lawsuit by Ryan Stancu, who is representing himself and alleges that his employer discriminated against him because of his religion under federal, New York State, and New York City law.
Because Stancu was allowed to proceed without paying court fees, the court said the U.S. Marshals Service would handle service of the summons and complaint. The court extended the service deadline to 90 days after the summons is issued.
Judge Andrew L. Carter, Jr. ordered the Clerk of Court to issue the summons, complete the required service form, and send the necessary papers to the Marshals Service. The order did not decide whether Stancu’s discrimination claims were valid.
The detailed version
- Stancu v. New York City/Parks Dept. · No. 1:20-cv-10371
- Andrew Carter
- Dec. 21, 2020
Background
Ryan Stancu filed this self-represented action under Title VII of the Civil Rights Act of 1964, alleging that his employer discriminated against him because of his religion. The court also construed the complaint as asserting claims under the New York State and New York City Human Rights Laws.
The court had previously granted Stancu permission to proceed without paying filing fees. The opinion does not decide the merits of any discrimination claim.
Service of the Complaint
Because Stancu was allowed to proceed without paying court fees, federal law required the court to arrange service through the U.S. Marshals Service. The court explained that the usual 90-day service period could not begin in the ordinary way because Stancu could not serve the summons and complaint until the court reviewed the complaint and ordered that a summons be issued.
The court therefore extended the time for service to 90 days after the summons is issued. It stated that, if service is not completed within that period, Stancu should ask for an extension. The court also directed Stancu to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.
Order
Judge Andrew L. Carter, Jr. directed the Clerk of Court to mail Stancu a copy of the order and an information package. The Clerk was also ordered to issue a summons, complete the required U.S. Marshals Service form with the listed address for New York City/Parks Dept., and deliver the necessary documents to the Marshals Service so it could serve the defendant.
The order addressed only service of process and related administrative steps. It did not rule on whether Stancu proved discrimination or whether the defendant was liable.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.