Ramnarine v. Bronx Psychiatric Center
- Paul Gardephe
- 1:20-cv-10483
- U.S. District Court · Southern District of New York
- 3
In Ramnarine v. Bronx Psychiatric Center, Judge Gardephe ordered service of the complaint and summons, giving Marie Ramnarine 90 days to complete service.
Marie Ramnarine, who is proceeding without a lawyer, and Bronx Psychiatric Center, which must be served with the lawsuit.
What happened
In Ramnarine v. Bronx Psychiatric Center, Marie Ramnarine, representing herself, sued her employer over alleged disability, age, gender, and retaliation discrimination and a hostile work environment.
The court directed the Clerk to issue a summons and provide the necessary papers to the U.S. Marshals Service, unless Ramnarine chose to serve the defendant herself. Service had to be completed within 90 days after the summons was issued. The court also required Ramnarine to notify it promptly if her address changed.
Judge Paul G. Gardephe warned that the case may be dismissed under the Federal Rules of Civil Procedure if service is not completed within 90 days and no extension is requested. This order addressed service and case administration; it did not decide the discrimination claims.
The detailed version
- Ramnarine v. Bronx Psychiatric Center · No. 1:20-cv-10483
- Paul Gardephe
- Feb. 10, 2021
Background
Marie Ramnarine filed this action against Bronx Psychiatric Center, identified in the opinion as her employer. Proceeding without a lawyer, she alleged a hostile work environment; disability discrimination; retaliation for filing a previous disability-discrimination claim; and age and gender discrimination. She asserted claims under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the New York State Human Rights Law, and the New York City Human Rights Law.
On February 8, 2021, the court allowed Ramnarine to proceed without paying filing fees. As a result, she was entitled to have the U.S. Marshals Service carry out service of process, meaning formal delivery of the summons and lawsuit to the defendant.
Order
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary papers to the Marshals Service for service on Bronx Psychiatric Center. Alternatively, if Ramnarine notified the court that she wanted to serve the defendant herself, the Clerk was directed to issue the summons and deliver it to her.
Ramnarine was required to ensure that service occurred within 90 days after the summons was issued. If she chose service by the Marshals Service, she remained responsible for checking whether service had occurred and, if necessary, requesting an extension. The court stated that the action may be dismissed under Rules 4 and 41 of the Federal Rules of Civil Procedure if service was not completed within that period and no extension was requested.
The court also directed Ramnarine to notify it promptly in writing of any address change and warned that failure to do so may result in dismissal. The opinion lists Bronx Psychiatric Center's service address as 1500 Waters Place, Bronx, New York 10461.
Disposition and Significance
Judge Paul G. Gardephe entered an order directing the steps for service of the lawsuit. The order did not decide the merits of Ramnarine's discrimination, retaliation, or hostile-work-environment allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.