Cifuentes v. Center for Recovery & Wellness Educational Alliance

Background

Cynthia Cifuentes, proceeding without a lawyer, brought claims against Center for Recovery & Wellness: Educational Alliance; Suzette Ross, identified in the caption as a former supervisor; and Human Resources of Educational Alliance. She alleges that her former employer discriminated against her based on her national origin. The opinion states that she brought claims 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.

By an order dated May 3, 2022, the court granted Cifuentes permission to proceed without prepaying filing fees. This status allows a plaintiff to rely on the court and the U.S. Marshals Service to serve the defendants.

Service of process

Federal Rule of Civil Procedure 4 generally requires service of the summons and complaint within 90 days after the complaint is filed. The court explained that Cifuentes could not have served the defendants before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period until 90 days after the summonses are issued. It stated that Cifuentes should request an extension if the complaint is not served within that period.

Order

Judge Paul G. Gardephe instructed the Clerk of Court to issue summonses for all three defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Cifuentes an information package.

The court required Cifuentes to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so. This order concerns service of process and does not decide the merits of Cifuentes’s discrimination claims.