Rodriguez v. Batista
- Gregory Woods
- 1:19-cv-09206
- U.S. District Court · Southern District of New York
- 4
In Rodriguez v. Batista, Judge Woods ordered summonses and U.S. Marshals service for a pro se plaintiff’s amended discrimination complaint.
Jose A. Rodriguez and the defendants named in the case—Care Design New York, Anabel Batista, Iesha Graham, and Karen Guarente—were affected by the service instructions; the Clerk of Court and U.S. Marshals Service were directed to carry them out.
What happened
In Rodriguez v. Batista, Jose A. Rodriguez, who was representing himself, brought discrimination claims against Care Design New York, Anabel Batista, Iesha Graham, and Karen Guarente. The claims involve alleged discrimination based on sex, national origin, age, and race under federal, state, and city laws.
The court had previously allowed Rodriguez to proceed without paying filing fees and held that he 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 summonses were issued and instructed the Clerk of Court to prepare the required forms and documents.
Judge Gregory H. Woods ordered the Clerk to issue summonses, complete the service forms using the defendants’ listed addresses, and deliver the documents to the U.S. Marshals Service. This order addressed service and did not decide the discrimination claims.
The detailed version
- Rodriguez v. Batista · No. 1:19-cv-09206
- Gregory Woods
- May 4, 2021
Background
Jose A. Rodriguez filed this case without a lawyer. He asserted claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, alleging discrimination based on sex, national origin, and age. The court also understood the complaint to assert race-discrimination claims under Title VII and 42 U.S.C. § 1981, as well as claims under the New York State and New York City Human Rights Laws.
The court had granted Rodriguez permission to proceed without paying filing fees on January 9, 2020. Rodriguez later filed an amended complaint on April 20, 2020.
Service of the Defendants
Because Rodriguez was allowed to proceed without paying filing fees, the court ruled that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that the usual 90-day service period could not begin in the ordinary way because Rodriguez could not serve the documents until the court reviewed the complaint and ordered summonses issued.
The court extended the time for service until 90 days after the summonses were issued. It stated that Rodriguez should request more time if the amended complaint was not served within that period. The court also instructed Rodriguez to notify the court in writing if his address changed and warned that the case could be dismissed if he failed to do so.
Order
Judge Gregory H. Woods instructed the Clerk of Court to issue summonses, complete the U.S. Marshals Service process forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service for service on Care Design New York, Anabel Batista, Karen Guarente, and Iesha Graham.
The opinion’s caption identifies the company as “CARE DESIGN NEW YORK,” while the service-address section identifies it as “Cave Design New York.” The order does not decide the merits of Rodriguez’s discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.