Cruz v. Local 32BJ
- Stewart Aaron
- 1:22-cv-03068
- U.S. District Court · Southern District of New York
- 4
In Cruz v. Local 32BJ, Judge Aaron ordered service by Marshals and extended the service deadline after allowing Cruz to proceed without paying fees.
Carina Cruz and the defendants Local 32BJ and Harvard Maintenance, Inc.; the order directs the Clerk of Court and the U.S. Marshals Service to arrange service.
What happened
In Cruz v. Local 32BJ, Carina Cruz, representing herself, alleges that her employer and union discriminated against her because of her Hispanic race under federal, New York State, and New York City laws.
The court had allowed Cruz to proceed without paying filing fees. Because she was proceeding that way, the court directed the Clerk to issue summonses and prepare paperwork so the U.S. Marshals Service could serve Local 32BJ and Harvard Maintenance, Inc.
Judge Stewart D. Aaron also extended the service deadline until 90 days after the summonses are issued. The order did not decide whether Cruz's discrimination allegations were legally valid.
The detailed version
- Cruz v. Local 32BJ · No. 1:22-cv-03068
- Stewart Aaron
- Apr. 14, 2022
Background
Carina Cruz filed this lawsuit without a lawyer under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer and union discriminated against her based on her Hispanic race. The defendants identified for service in this order are Local 32BJ and Harvard Maintenance, Inc.
The court had granted Cruz permission to proceed without prepaying filing fees. This is commonly called proceeding in forma pauperis, or IFP.
Service of the lawsuit
Because Cruz was proceeding IFP, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. The court extended Cruz's service deadline until 90 days after the summonses are issued because she could not serve the defendants until the court reviewed the complaint and ordered the summonses issued.
The court stated that if the complaint is not served within that period, Cruz should request an extension of time. It also directed Cruz to notify the court in writing if her address changes and warned that the action may be dismissed if she fails to do so.
Order
Judge Stewart D. Aaron directed the Clerk of Court to issue summonses for Local 32BJ and Harvard Maintenance, Inc., complete the U.S. Marshals Service process forms with the defendants' addresses, and deliver the necessary documents to the Marshals Service for service. The order addressed service and did not decide the merits of Cruz's discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.