Suarez v. New York County District Attorney's Office
- Paul Gardephe
- 1:22-cv-10855
- U.S. District Court · Southern District of New York
- 4
In Suarez v. New York County District Attorney’s Office, Judge Gardephe ordered Marshals service for Suarez’s disability-discrimination lawsuit.
Annabelle Suarez, the New York County District Attorney’s Office, Nitin Savur, Nicole Ortsman-Dauer, George Argyros, Ina Chen, the Clerk of Court, and the U.S. Marshals Service.
What happened
Suarez v. New York County District Attorney’s Office concerns Annabelle Suarez’s lawsuit alleging that her employer discriminated against her because of a disability. She sued under federal, New York State, and New York City disability-discrimination laws and represented herself.
The court had allowed Suarez to proceed without paying filing fees in advance. Because of that status, the court directed the Clerk to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve the New York County District Attorney’s Office and the four individual defendants.
Judge Paul G. Gardephe issued an order of service rather than deciding whether the alleged discrimination occurred. The order gives Suarez 90 days after the summonses are issued to complete service, and it says she should request more time if service is not completed by then.
The detailed version
- Suarez v. New York County District Attorney's Office · No. 1:22-cv-10855
- Paul Gardephe
- Jan. 26, 2023
Background
Annabelle Suarez brought this action without a lawyer under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her because of her disability. The defendants are the New York County District Attorney’s Office, Nitin Savur, Nicole Ortsman-Dauer, George Argyros, and Ina Chen.
The court had previously granted Suarez permission to proceed without prepaying filing fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the summons and complaint.
Order
The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the documents and addresses needed to serve all five defendants. The order also directs the Clerk to mail Suarez a copy of the order and an information package.
The court extended the service period because Suarez could not serve the summonses and complaint until the court reviewed the complaint and ordered the summonses issued. The opinion states that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Suarez should request an extension of time. She must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.
What the Order Decided
This was an order arranging service of process—the formal delivery of the lawsuit papers to the defendants. It did not decide whether Suarez’s disability-discrimination allegations are valid and did not resolve the claims under any of the three cited laws. The court ordered the Clerk to issue summonses and provide the materials to the U.S. Marshals Service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.