Mamatkulov v. Mount Sinai Health System

Background

Lazizjon Mamatkulov brings the action without a lawyer. He alleges that his employer wrongfully terminated his employment after he was absent for two weeks for medical treatment. The court stated that the complaint could be read as asserting claims under the Family and Medical Leave Act of 1993, a federal law concerning certain medical and family leave rights. The court had previously granted Mamatkulov permission to proceed without paying filing fees.

Service of the Complaint

Because Mamatkulov was proceeding without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Mount Sinai Health System, issue a summons, and provide the Marshals Service with the paperwork needed for service.

The court explained that the usual rule requiring service within 90 days of filing the complaint did not apply in the same way because Mamatkulov could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued. The court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Mamatkulov should request an extension. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Disposition

Judge Oetken ordered the Clerk to complete the service form and deliver the necessary documents to the U.S. Marshals Service. The court also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. This order addressed service and appeal-related filing-fee status; it did not decide whether Mamatkulov’s employment allegations establish a violation of the Family and Medical Leave Act.