Kane v. Advanced Care Staffing, LLC
- John Cronan
- 1:21-cv-00060
- U.S. District Court · Southern District of New York
- 5
In Kane v. Advanced Care Staffing, LLC, Judge Cronan authorized Marshals service and extended the service deadline.
Nickie Kane, the listed defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Kane v. Advanced Care Staffing, LLC, Nickie Kane, representing herself, sued her former employer and several individuals. She brought claims under federal, New York State, and New York City laws, alleging discrimination based on race, color, religion, sex, national origin, and disability.
Because the court had allowed Kane to proceed without paying the filing fee, the court said she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summonses are issued and directed the Clerk of Court to prepare the paperwork and send it to the Marshals Service.
Judge John P. Cronan also ordered the Clerk to mail Kane a copy of the order and an information package. The order concerns service of the lawsuit and does not decide whether Kane’s discrimination claims are valid.
The detailed version
- Kane v. Advanced Care Staffing, LLC · No. 1:21-cv-00060
- John Cronan
- Feb. 5, 2021
Background
Nickie Kane filed this action without a lawyer against Advanced Care Staffing, LLC; Sam Klein; Wilma Manzano; Jubert “JP” Ong; Luz Lozano; Kashieria Franklyn; Liz Jurado; Regina Machado; Jan Romwel Labro; Ola “Doe”; and Gia Guerra. She asserted claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, 42 U.S.C. § 1981, the Rehabilitation Act of 1973, and New York State and New York City human-rights laws. She alleged that her former employer discriminated against her based on race, color, religion, sex, national origin, and disability.
The court had previously allowed Kane to proceed without paying the filing fee. In cases proceeding that way, federal law requires the court to direct the U.S. Marshals Service to serve the summons and complaint when the plaintiff provides the information needed to identify the defendants.
Service Deadline and Instructions
The court explained that the usual deadline for serving a summons and complaint is 90 days after the complaint is filed. Because Kane could not have served 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. The court stated that, if service is not completed within that period, Kane should ask for more time.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to serve Advanced Care Staffing, LLC and the individually named defendants. Kane was also required to notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.
Ruling
Judge John P. Cronan ordered the Clerk to mail Kane a copy of the order and an information package, issue the summonses, complete the service forms with the listed addresses, and deliver the necessary documents to the U.S. Marshals Service. This order addresses the mechanics and timing of service; it does not decide the merits of Kane’s discrimination claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.