James v. Borough of Manhattan Community College City of University of New York

Background

Ayleen L. James filed this action without a lawyer on December 14, 2020. The court had previously granted her permission to proceed without prepaying filing fees. At an initial pretrial conference, the court set deadlines for James’s opposition to the defendants’ motion to dismiss and the defendants’ reply, and stayed discovery while that motion was pending.

Adding a Defendant

The court stated that Federal Rule of Civil Procedure 21 allows it to add or remove a party at any time on appropriate terms. Because the allegations in the complaint also concerned the City University of New York, the court exercised its discretion to add the City University of New York as a defendant and directed that the case caption be amended.

Service and Other Directions

Because James had permission to proceed without prepaying fees, the court directed the Clerk of Court to prepare a summons and U.S. Marshals Service process forms for the City University of New York and deliver the necessary documents to the Marshals Service for service of the complaint. The court also directed the Clerk to mail James a copy of the order and an information package. The City University of New York was directed to comply with Local Civil Rule 33.2 within 120 days after service of the complaint.

Disposition

The court entered an order of service. It directed the Clerk of Court to add the City University of New York as a defendant, amend the caption, issue a summons, prepare the service forms, and provide the documents needed for service. The order did not decide the merits of James’s claims.