Quinones v. MTA New York City Transit Authority

Background

Martin Quinones brought this action without a lawyer under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. He alleged that his employer, MTA New York City Transit Authority, discriminated against him because of his sexual orientation. In an earlier order dated February 4, 2021, the court granted his request to proceed without paying filing fees.

Service of Process

Because Quinones was proceeding without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. Although Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed, the court explained that Quinones could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the time for service until 90 days after the summons is issued.

The court stated that if the complaint is not served within that period, Quinones should request an extension of time. It also stated that the Marshals Service's failure to serve may constitute good cause for extending the service deadline when a plaintiff proceeding without paying filing fees provides enough information to identify the defendant.

Order

Judge Lewis Liman directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form with MTA New York City Transit Authority's address, issue a summons, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Quinones a copy of the order and an information package.

The court instructed Quinones to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. The order addressed service and case administration; it did not rule on the merits of Quinones's discrimination claims.