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S.D.N.Y.Procedural orderFiled Feb. 8, 2021

Washington v. Columbia University

Judge
Andrew Carter
Docket
1:21-cv-01013
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureEmploymentPro Se
In one sentence

In Washington v. Columbia University, Judge Carter ordered Marshals service for Washington’s discrimination lawsuit and extended the service deadline.

Who this affects

Chivonne K. Washington, Columbia University, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Washington v. Columbia University, Chivonne K. Washington, representing herself, sued Columbia University under federal, New York State, and New York City laws, alleging race and color discrimination by her employer.

The court had allowed Washington to proceed without paying filing fees. It directed the Clerk of Court to prepare the paperwork and summons so the U.S. Marshals Service could serve Columbia University, and extended the service deadline to 90 days after the summons is issued.

Judge Andrew L. Carter, Jr. also directed Washington to notify the court if her address changes and warned that the case could be dismissed if she does not. The order did not decide whether discrimination occurred.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Washington v. Columbia University · No. 1:21-cv-01013
Judge
Andrew Carter
Date
Feb. 8, 2021

Background

Chivonne K. Washington filed a lawsuit against Columbia University, alleging that her employer discriminated against her because of her race and color. She brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York City Human Rights Law, and the New York State Human Rights Law. Washington was proceeding without a lawyer.

The court had previously granted Washington permission to proceed without paying filing fees. In such cases, federal law allows the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant.

Service of Process

The court explained that the usual deadline for serving a summons and complaint is 90 days after the complaint is filed. Because Washington could not serve the papers until the court reviewed the complaint and ordered a summons, the court extended her service deadline to 90 days after the summons is issued.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form with Columbia University’s address, issue the summons, and give the necessary paperwork to the U.S. Marshals Service. The opinion lists Columbia University’s service address as 615 West 131st Street, New York, New York 10027.

Other Instructions and Disposition

The court instructed Washington to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so. The opinion also states that Washington consented to electronic service.

Judge Andrew L. Carter, Jr. entered an order of service. The order addressed how Columbia University would be served and did not decide the merits of Washington’s discrimination claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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