Pianoforte v. Little Red School House
- Edgardo Ramos
- 1:21-cv-05003
- U.S. District Court · Southern District of New York
- 3
In Pianoforte v. Little Red School House, Judge Ramos ordered service through the U.S. Marshals Service after granting Plaintiff permission to proceed without paying fees.
Robin Pianoforte, who must provide updated address information and await service of the lawsuit by the U.S. Marshals Service; Little Red School House, which is to be served with the summons and complaint.
What happened
In Pianoforte v. Little Red School House, Robin Pianoforte brought claims under federal, New York State, and New York City laws, alleging discrimination based on race, gender, national origin, and age. She represented herself and was allowed to proceed without paying court fees.
Because Pianoforte was proceeding without paying fees, the court said she could rely on the court and the U.S. Marshals Service to serve Little Red School House with the lawsuit. The court extended the service deadline to 90 days after the summons was issued, rather than 90 days after the complaint was filed.
Judge Edgardo Ramos directed the Clerk of Court to issue the summons, complete the required service forms, and send the necessary papers to the Marshals Service. The order also required Pianoforte to notify the court of any address change and stated that the case could be dismissed if she failed to do so.
The detailed version
- Pianoforte v. Little Red School House · No. 1:21-cv-05003
- Edgardo Ramos
- June 16, 2021
Background
Robin Pianoforte filed this lawsuit without a lawyer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and New York City Human Rights Laws. She alleged that Little Red School House discriminated against her because of her race, gender, national origin, and age. The court had previously granted her permission to proceed without paying court fees.
Service of the Lawsuit
The court explained that a plaintiff allowed to proceed without paying court fees may rely on the court and the U.S. Marshals Service to serve the defendant. Because Pianoforte could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued, the court extended the service deadline to 90 days after the summons was issued. The court stated that, if service was not completed within that period, Pianoforte should request more time.
Order
Judge Edgardo Ramos directed the Clerk of Court to issue a summons, complete the U.S. Marshals Service Process Receipt and Return forms with Little Red School House's address, and provide the Marshals Service with the documents needed to serve the defendant. The Clerk was also directed to mail Pianoforte a copy of the order and an information package. Pianoforte was required to notify the court in writing if her address changed, and the court stated that it may dismiss the action if she failed to do so. The order did not decide whether the alleged discrimination occurred or whether Pianoforte's claims were legally valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.