Hyatt v. Rose Associate Inc.
- Katherine Failla
- 1:23-cv-03050
- U.S. District Court · Southern District of New York
- 4
In Hyatt v. Rose Associates Inc., Judge Failla ordered U.S. Marshals service for pro se plaintiff Kimberly Hyatt after granting her permission to proceed without paying fees.
Kimberly Hyatt, the seven named defendants, the Clerk of Court, and the U.S. Marshals Service. The order allows the case to proceed to service but does not resolve Hyatt’s discrimination claims.
What happened
In Hyatt v. Rose Associates Inc., Kimberly Hyatt brought claims under Title VII, Section 1981, and New York State and City human-rights laws, alleging that her former employer discriminated against her because of her race, color, and national origin. She was representing herself and had received permission to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue summonses, complete service forms with the defendants’ addresses, and send the necessary documents to the U.S. Marshals Service. The Marshals Service is to serve Rose Associates Inc., Rose Associate Capital Group LLC, Amy Rose, Frank Balogh, Kathy Panaro, Adam Heaven, and Kyle Maldiner. Hyatt must request more time if service is not completed within 90 days after the summonses are issued and must notify the court if her address changes.
Judge Katherine Polk Failla did not decide whether Hyatt’s discrimination claims have merit. The April 14, 2023 order addressed only the process for serving the defendants and related instructions for the case to proceed.
The detailed version
- Hyatt v. Rose Associate Inc. · No. 1:23-cv-03050
- Katherine Failla
- Apr. 14, 2023
Background
Kimberly Hyatt brought this pro se action—that is, an action filed without a lawyer—under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. She alleges that her former employer discriminated against her based on race, color, and national origin. The defendants are Rose Associates Inc.; Rose Associate Capital Group LLC; Amy Rose; Frank Balogh; Kathy Panaro; Adam Heaven; and Kyle Maldiner.
In an order dated April 13, 2023, the court granted Hyatt permission to proceed in forma pauperis, meaning without paying court fees in advance. Because she received that permission, the court explained that the Clerk of Court and the U.S. Marshals Service would handle service of the summonses and complaint.
Order
The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the paperwork needed for the Marshals Service to serve all seven defendants. The court also directed the Clerk to mail Hyatt an information package and a copy of the order.
The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Hyatt should request an extension. She must also notify the court in writing if her address changes; the court stated that the action may be dismissed if she fails to do so.
Disposition and Scope
The order concerns service of process and case administration. It does not decide whether Hyatt’s discrimination claims are legally valid or whether the defendants are liable. The court ordered the Clerk and Marshals Service to proceed with service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.