Aragones v. Greater Hudson Valley Health System

Background

Sirena Aragones appeared without a lawyer and asserted employment-discrimination claims against her former employer, Greater Hudson Valley Health System. The court understood her amended complaint to assert claims under the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and the New York Human Rights Law.

The court had previously granted Aragones permission to proceed without paying filing fees. In cases proceeding this way, federal law requires the court to arrange service of process through the U.S. Marshals Service.

Court’s Analysis

The court explained that Aragones could not have served the summons and amended complaint before the court reviewed the amended complaint and ordered a summons to be issued. It therefore extended the time for service until 90 days after a summons was issued for Greater Hudson Valley Health System. The court also stated that Aragones could request an extension if service was not completed within that period.

Order

The court directed the Clerk of Court to issue a summons for Greater Hudson Valley Health System, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s service address, and provide the Marshals Service with the documents needed to serve the summons and amended complaint. The Clerk was also directed to mail Aragones a copy of the order and an information package. Aragones was required to notify the court in writing if her address changed.

Judge Kenneth M. Karas’s order concerned service of the lawsuit, not the merits of Aragones’s discrimination claims. The opinion does not state whether those claims will succeed.