Harriram v. Fera

Background

Priya Harriram is proceeding without a lawyer. She originally alleged that Joseph L. Fera discriminated against her based on race and national origin when she applied for an adjunct lecturer position in the Math Department at Lehman College. She later amended her complaint to add the City University of New York and asserted claims involving race and sex discrimination, retaliation, and a hostile work environment.

Judge Ronnie Abrams granted a motion to dismiss the Second Amended Complaint on March 27, 2023, and allowed Harriram to amend within 30 days. Harriram then filed a Third Amended Complaint naming Fera, the City University of New York, Lehman College, and adding Brian Wynne, Bridget Barbera, and Dawn Ewing-Morgan. The Third Amended Complaint alleges sex discrimination. The opinion notes that Judge Abrams had previously dismissed claims against Lehman College because it is not a suable entity.

Service of the Complaint

Because Harriram had been allowed to proceed without prepaying filing fees, she could rely on the court and the U.S. Marshals Service to serve the defendants. Federal procedural rules generally require service of a summons and complaint within 90 days after the complaint is filed. The court stated that Harriram should request more time if service of the Third Amended Complaint was not completed within that period.

Ruling

Judge Barbara Moses directed the Clerk of Court to add Dawn Ewing-Morgan as a defendant. The Clerk was also directed to issue summonses, complete service forms with the addresses for Brian Wynne, Bridget Barbera, and Dawn Ewing-Morgan, and deliver the necessary documents to the U.S. Marshals Service so those defendants could be served. Harriram was instructed to notify the court in writing if her address changed; the court warned that failing to do so could lead to dismissal of the action. This order addressed service and did not decide the merits of the sex-discrimination claim.