Rodriguez v. Matrone
- Katherine Failla
- 1:22-cv-08904
- U.S. District Court · Southern District of New York
- 4
In Rodriguez v. Matrone, Judge Failla ordered the U.S. Marshals Service to serve defendants in Rodriguez’s employment-discrimination case.
Jose Rodriguez, Special Citizens Futures Unlimited, and Stephen Matrone are affected. The Clerk of Court and the U.S. Marshals Service were directed to take steps to serve the defendants.
What happened
In Rodriguez v. Matrone, Jose Rodriguez, representing himself, alleges that Special Citizens Futures Unlimited and Stephen Matrone discriminated against him because of his age and national origin. He brings claims under federal employment-discrimination laws, and the court also treated his allegations as raising claims under New York State and New York City human-rights laws.
The court had previously allowed Rodriguez to proceed without paying filing fees. Because of that status, he could rely on the court and the U.S. Marshals Service to serve the defendants rather than arranging service himself.
Judge Katherine Polk Failla ordered the Clerk of Court to issue summonses, complete the service forms, and send the necessary papers to the Marshals Service for service on Special Citizens Futures Unlimited and Stephen Matrone. The order did not decide whether Rodriguez’s discrimination claims were valid.
The detailed version
- Rodriguez v. Matrone · No. 1:22-cv-08904
- Katherine Failla
- Nov. 22, 2022
Background
Jose Rodriguez brings a self-represented action against Special Citizens Futures Unlimited (SCFU) and Stephen Matrone, identified as SCFU’s Director of Human Resources. Rodriguez alleges discrimination based on age and national origin under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The court also construed the complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law.
The court had granted Rodriguez permission to proceed without paying filing fees in an order dated November 15, 2022. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.
Ruling
The court instructed the Clerk of Court to issue summonses for SCFU and Stephen Matrone, complete the U.S. Marshals Service Process Receipt and Return forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service so it could serve the defendants.
The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Rodriguez should request an extension of time. The court also stated that Rodriguez must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.
This was an order concerning service of the lawsuit. It did not decide the merits of Rodriguez’s discrimination allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.