Annabi v. New York University Stern School of Business

Background

Karim Annabi brought this action without a lawyer and paid the filing fees. He alleged that New York University Stern School of Business breached an implied contract and discriminated against him based on age, race, religion, and national origin. He also sought emergency injunctive relief—court orders intended to prevent alleged ongoing misconduct and immediate, irreparable injuries to him and to other people who entered or were entering the defendant’s contests.

Emergency Injunctive Relief

The court explained that a temporary restraining order or preliminary injunction requires a showing of likely irreparable harm and either a likelihood of success on the merits or sufficiently serious questions for litigation together with a balance of hardships strongly favoring the requesting party. The court found that Annabi’s submissions did not demonstrate either a likelihood of success or sufficiently serious questions combined with the required balance of hardships.

The court therefore denied without prejudice to renewal at a later date Annabi’s request for a temporary restraining order and preliminary injunction. The order did not decide the ultimate merits of Annabi’s own contract and discrimination claims.

Claims on Behalf of Other People

The court ruled that, as a nonlawyer, Annabi could represent only his own interests. It therefore dismissed without prejudice any claims he sought to assert on behalf of people who entered or had entered the defendant’s contests, including requests for relief for those individuals.

Service and Other Directions

The clerk was directed to issue a summons for New York University Stern School of Business. Annabi was directed to serve the summons and complaint within 90 days after the summons was issued. The court stated that, if he did not serve the defendant or request an extension within that period, it could dismiss the claims against the defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.

The court also directed the clerk to send Annabi an information package. It certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. Judge Liman signed the order on May 17, 2022.