Crawford v. Bronx Community College
- Paul Gardephe
- 1:22-cv-01062
- U.S. District Court · Southern District of New York
- 4
In Crawford v. Bronx Community College, Judge Gardephe ordered Marshals service of Crawford’s complaint after allowing her to proceed without paying fees.
Caren Crawford and the four named defendants—Bronx Community College, Purysabel Uregar, Alan Fuentes, and Marta Clark—were affected by the court’s directions for issuing and serving the complaint.
What happened
In Crawford v. Bronx Community College, Caren Crawford, representing herself, alleges that Bronx Community College and three employees discriminated against her because of her disability and efforts to take medical leave, and retaliated against her. She brings claims under federal, New York State, and New York City laws and seeks reinstatement, accommodations, backpay, frontpay, and damages.
The court had already allowed Crawford to proceed without paying filing fees. Because of that status, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after summonses are issued.
Judge Gardephe ordered the Clerk of Court to issue summonses, complete service forms, and give the necessary documents to the U.S. Marshals Service. The order did not decide whether Crawford’s discrimination, leave, or retaliation claims were valid.
The detailed version
- Crawford v. Bronx Community College · No. 1:22-cv-01062
- Paul Gardephe
- Feb. 17, 2022
Background
Caren Crawford appears without a lawyer and sues Bronx Community College (BCC), Purysabel Uregar, Alan Fuentes, and Marta Clark. The opinion describes BCC as Crawford’s former employer, Uregar as a human-resources official, Fuentes as Crawford’s former supervisor, and Clark as a BCC official.
Crawford alleges discrimination based on her disability and her efforts to take medical leave, as well as retaliation. She asserts claims under the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and the New York State and New York City Human Rights Laws. She seeks reinstatement, reasonable disability accommodations, backpay, frontpay, and damages.
Order allowing service
In an order dated February 10, 2022, the court allowed Crawford to proceed without paying filing fees, a status commonly called proceeding in forma pauperis. The court explained that a plaintiff with that status may rely on the court and the U.S. Marshals Service to serve the defendants.
The court noted that federal rules generally require service of the summons and complaint within 90 days after filing. Because Crawford could not serve the defendants until the court reviewed the complaint and ordered summonses issued, the court extended the service period to 90 days after the summonses are issued. The court stated that Crawford should request an extension if service is not completed within that period.
Disposition
Judge Paul G. Gardephe directed the Clerk of Court to mail Crawford a copy of the order and an information package. He also directed the Clerk to issue summonses for the four defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed service addresses, and deliver the necessary documents to the Marshals Service.
Crawford must notify the court in writing if her address changes. The opinion states that the court may dismiss the action if she fails to do so. This order concerns service of process and does not decide the merits of Crawford’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.