Morren v. New York University

Background

Darwyn Morren, who appeared without a lawyer, sued New York University and UCATS Local 3882. The opinion says he asserted claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, the Rehabilitation Act, the Family and Medical Leave Act, the New York State and City Human Rights Laws, and for breach of contract. The court had previously allowed him to proceed without prepaying filing fees.

Service of Process

The court explained that a plaintiff allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. Because Morren could not have served New York University and the union before the court reviewed the complaint and ordered summonses, the court extended the service deadline to 90 days after summonses are issued. The court said Morren should request more time if service is not completed within that period.

The Clerk of Court was directed to issue summonses for New York University and UCATS Local 3882, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ service addresses, and provide the necessary documents to the Marshals Service. Morren was required to notify the court in writing if his address changed, and the opinion states that the court may dismiss the action if he failed to do so.

Disposition

Judge John P. Cronan ordered the clerk and Marshals Service to carry out service. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Morren’s claims.