Simpson v. New York Presbyterian Hospital

Background

Iasia Simpson brought a pro se lawsuit—meaning she was not represented by a lawyer—under Title VII of the Civil Rights Act of 1964. She alleged that New York Presbyterian Hospital discriminated against her because of her religion. The court construed her allegations as also asserting related state-law claims. In an earlier order dated December 16, 2022, the court granted Simpson permission to proceed without paying court fees.

Service of Process

Because Simpson was proceeding without paying court fees, the court determined that she could rely on the court and the U.S. Marshals Service to serve the hospital. The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the required documents to the Marshals Service for service on New York Presbyterian Hospital.

The court explained that the complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Simpson should request an extension of time. The court also instructed Simpson to notify it in writing if her address changes and stated that the action could be dismissed if she failed to do so.

Disposition

This was an order concerning service of process, not a decision on whether Simpson proved religious discrimination or whether her claims could ultimately proceed. The court directed the Clerk to mail Simpson an information package, issue the summons, complete the service form with the hospital’s address, and provide the documents to the U.S. Marshals Service. Judge Katherine Polk Failla entered the order on January 5, 2023.