Foy v. The State of New York New York State Attorney General
- Vernon Broderick
- 1:21-cv-07647
- U.S. District Court · Southern District of New York
- 4
In Foy v. State of New York, Judge Broderick ordered the U.S. Marshals Service to serve the defendant.
Jahn K. Foy and the State of New York; the order also directs the Clerk of Court and the U.S. Marshals Service to carry out service.
What happened
In Foy v. State of New York, Jahn K. Foy, representing herself, alleges that her employer discriminated against her based on race, gender, and military status under federal, New York State, and New York City laws. The court had previously allowed her to proceed without paying filing fees.
The court directed the Clerk of Court to issue a summons, complete service forms with the State of New York’s address, and send the necessary papers to the U.S. Marshals Service. The court also extended the service deadline to 90 days after the summons is issued. The order did not decide whether Foy’s discrimination claims are valid.
Judge Vernon S. Broderick also directed Foy to notify the court in writing if her address changes and warned that the action may be dismissed if she does not. The Clerk was directed to mail Foy the order and an information package.
The detailed version
- Foy v. The State of New York New York State Attorney General · No. 1:21-cv-07647
- Vernon Broderick
- Nov. 5, 2021
Background
Jahn K. Foy filed a lawsuit without a lawyer under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. She alleges that her employer discriminated against her because of her race, gender, and military status. The opinion states that the action was transferred from the Eastern District of New York and that Foy filed an amended complaint after being directed to do so. The court had already granted her permission to proceed without paying the filing fee.
Service of process
Because Foy was allowed to proceed without paying the filing fee, the court explained that she could rely on the court and the U.S. Marshals Service to serve the State of New York. The court extended the time for service to 90 days after the summons is issued because Foy could not serve the summons and amended complaint before the court reviewed the amended complaint and ordered that a summons be issued. The court stated that Foy should request an extension if service is not completed within that period.
The Clerk of Court was instructed to complete the U.S. Marshals Service process forms with the State’s service address, issue a summons, and deliver the necessary documents to the Marshals Service. Foy was also required to notify the court in writing if her address changes; the court stated that the action may be dismissed if she fails to do so.
Disposition
Judge Vernon S. Broderick entered an order directing the Clerk to issue the summons, complete the service forms, and send the documents to the U.S. Marshals Service. The order concerns service of the lawsuit and does not resolve the merits of Foy’s discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.