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S.D.N.Y.Procedural orderFiled June 22, 2022

Harte v. Pace University

Judge
Carter
Docket
1:22-cv-03820
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Wendy Harte v. Pace University, Judge Carter directed the U.S. Marshals Service to serve Harte’s complaint on the defendants.

Who this affects

Wendy Harte, Pace University, Dr. Sarah Blackwood, Dr. Stephanie Hsu, the Clerk of Court, and the U.S. Marshals Service.

What happened

Wendy Harte, representing herself, sued Pace University, Dr. Sarah Blackwood, and Dr. Stephanie Hsu under federal and state law. She seeks declaratory relief and damages, and also refers to unspecified equitable relief.

The court had allowed Harte to proceed without paying filing fees. Because of that status, the court directed the Clerk to issue summonses, prepare service forms, and send the necessary documents to the U.S. Marshals Service so the defendants could be served.

Judge Andrew L. Carter, Jr. also extended the service deadline to 90 days after the summonses are issued. The order requires Harte to request more time if service is not completed by then and to notify the court of any address change.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Harte v. Pace University · No. 1:22-cv-03820
Judge
Carter
Date
June 22, 2022

Background

Wendy Harte filed an action against Pace University, Dr. Sarah Blackwood, and Dr. Stephanie Hsu. The opinion states that Harte is proceeding without a lawyer and asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and state law. She seeks declaratory relief and damages. She also refers to equitable relief but does not specify the type.

The court had previously allowed Harte to proceed without prepaying filing fees. In this order, the court addressed how the defendants would receive formal notice of the lawsuit.

Service of the lawsuit

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to complete service. The court directed the Clerk of Court to issue summonses for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the service addresses listed in the order, and deliver the required documents to the Marshals Service.

The order also directed the Clerk to mail Harte an information package. It extended the time for service until 90 days after the summonses are issued. If the complaint is not served within that period, Harte should request an extension of time. The order further states that Harte must notify the court in writing if her address changes and that the court may dismiss the action if she does not do so.

Disposition

The court directed the Clerk to issue the summonses and arrange service of the complaint through the U.S. Marshals Service. This order addresses service and does not state a ruling on the underlying claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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