Cadet v. Alliance Nursing Staffing of New York, Inc.

Background

Sherly Cadet, appearing without a lawyer, sued her former employer, Alliance Nursing Staffing of New York, Inc. She asserted claims under 42 U.S.C. § 1981 and the New York City Human Rights Law. The court read the complaint as also asserting claims under the New York State Human Rights Law.

Chief Judge Swain had granted Cadet permission to proceed without paying filing fees. The opinion does not decide whether any of Cadet’s claims have merit.

Service of the Complaint

Because Cadet was proceeding without paying filing fees, the court said she could rely on the court and the U.S. Marshals Service to serve Alliance. The court explained that Cadet could not have served Alliance before the court reviewed the complaint and ordered that a summons be issued.

The court extended the deadline for serving Alliance until 90 days after the date a summons is issued. It stated that, if Alliance is not served within that period, Cadet should request an extension of time.

Orders

Judge Katherine Polk Failla directed the clerk to issue a summons for Alliance, complete a U.S. Marshals Service Process Receipt and Return form with Alliance’s service address, and deliver the necessary documents to the Marshals Service so it can serve the summons and complaint.

The court also directed Cadet to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so. The court granted Cadet’s motion for permission to use electronic case filing and directed the clerk to terminate that motion from the docket.