Carpenter v. Bronx Lebanon Hospital
- John Cronan
- 1:21-cv-08596
- U.S. District Court · Southern District of New York
- 4
In Carpenter v. Bronx Lebanon Hospital, Judge Cronan ordered the U.S. Marshals Service to serve the defendants.
Kenseener Carpenter and the named defendants—Bronx Lebanon Hospital’s Pediatric Department, Dr. Peter Sherman, and Diane Strom—were affected by the service instructions.
What happened
In Carpenter v. Bronx Lebanon Hospital, Kenseener Carpenter, representing himself, alleges that his former employer discriminated against him because of his race and age. The court treated the complaint as raising claims under several federal, state, and city employment-discrimination laws.
The court had already allowed Carpenter to proceed without paying filing fees. Because of that status, Carpenter could rely on the U.S. Marshals Service to serve Bronx Lebanon Hospital’s Pediatric Department, Dr. Peter Sherman, and Diane Strom. The court extended the service deadline to 90 days after summonses are issued.
Judge John P. Cronan ordered the Clerk of Court to issue the summonses, complete the required service forms with the defendants’ addresses, and provide the necessary documents to the Marshals Service. The order did not decide whether Carpenter’s discrimination claims were valid.
The detailed version
- Carpenter v. Bronx Lebanon Hospital · No. 1:21-cv-08596
- John Cronan
- Nov. 22, 2021
Background
Kenseener Carpenter, who is proceeding without a lawyer, filed an employment-discrimination action against Bronx Lebanon Hospital’s Pediatric Department, Dr. Peter Sherman, and Diane Strom. Carpenter alleges discrimination based on race and age. The court construed the complaint as raising claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law.
By an order dated November 18, 2021, the court allowed Carpenter to proceed without paying filing fees. In cases with that status, the court must direct the U.S. Marshals Service to serve the defendants when the plaintiff provides enough information to identify them.
Service of Process
The court explained that the usual deadline for serving a complaint and summonses is 90 days after the complaint is filed. Because Carpenter could not have served the defendants until the court reviewed the complaint and ordered summonses to be issued, the court extended the service period to 90 days after the summonses are issued. The court stated that Carpenter should request an extension if service is not completed within that period.
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the paperwork to the Marshals Service. The service addresses listed in the order were for Bronx Lebanon Hospital’s Pediatric Department, Dr. Peter Sherman, and Diane Strom. Carpenter was also required to notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Disposition
Judge John P. Cronan ordered the Clerk of Court to issue the summonses, complete the service forms, and provide the necessary documents to the U.S. Marshals Service. The order arranged service of the complaint; it did not rule on the merits of Carpenter’s discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.