Lamarre v. Rockland County Office for the Aging

Background

Reine M. Lamarre filed this action without a lawyer. She asserted claims under the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the Family and Medical Leave Act of 1993. The court also said the complaint could be read broadly as asserting claims under the New York State Human Rights Law. In an order dated February 23, 2022, the court granted Lamarre permission to proceed without paying filing fees.

Service of process

Because Lamarre was allowed to proceed without paying filing fees, federal law required the court to direct the U.S. Marshals Service to serve the defendant. The court explained that Lamarre could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued.

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. The court extended that period here to 90 days after the summons is issued. The court stated that if service is not completed within that period, Lamarre should ask for an extension of time.

Order

The court instructed the Clerk of Court to issue a summons for Rockland County Office for the Aging, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and give the Marshals Service all documents needed to complete service. The Clerk was also directed to mail Lamarre a copy of the order and an information package.

The order further required Lamarre to notify the court in writing if her address changes and stated that the court may dismiss the action if she fails to do so. Judge Cathy Seibel’s order addressed service and case administration; it did not decide whether Lamarre’s statutory claims were valid.