Rundle v. Garnet Health Medical Center

Background Linda Lee Rundle brings this self-represented action under Title VII of the Civil Rights Act of 1964, alleging that her employer discriminated against her based on race and color. The court had previously granted her permission to proceed without paying filing fees.

Service of Process A plaintiff permitted to proceed without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that Rundle could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. It therefore extended the usual service period to 90 days after the summons is issued.

The Clerk of Court was instructed to issue a summons for Garnet Health Medical Center, complete the U.S. Marshals Service process forms with that defendant’s address, and deliver the necessary paperwork to the Marshals Service. The order states that, if service is not completed within 90 days after the summonses are issued, Rundle should request more time. It also requires her to notify the court in writing if her address changes and warns that the action may be dismissed if she fails to do so.

Ruling Judge Cathy Seibel ordered the Clerk to mail Rundle an information package and to arrange service of Garnet Health Medical Center through the U.S. Marshals Service. This order addresses service procedures and does not decide whether Rundle’s discrimination allegations are legally valid.