Aguirre v. Rising Ground
- Kenneth Karas
- 7:23-cv-03986
- U.S. District Court · Southern District of New York
- 3
In Aguirre v. Rising Ground, Judge Karas ordered U.S. Marshals service for Ruby Aguirre’s religion-discrimination and retaliation claims after she received permission to proceed without upfront fees.
Ruby Aguirre, Rising Ground, the Clerk of Court, and the U.S. Marshals Service. The order sets the process for serving Rising Ground and addresses fee status for any appeal.
What happened
In Aguirre v. Rising Ground, Ruby Aguirre, representing herself, sued her employer under federal and New York laws, alleging discrimination and retaliation because of her religion.
Because the court had allowed Aguirre to proceed without paying filing fees in advance, it ordered the Clerk of Court and the U.S. Marshals Service to handle service of the lawsuit on Rising Ground. The court extended the service deadline to 90 days after the summons is issued.
Judge Kenneth M. Karas directed the Clerk to issue the summons, complete the required service forms, and send the necessary papers to the Marshals Service. The order also requires Aguirre to report any address change and denies permission to appeal without paying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Aguirre v. Rising Ground · No. 7:23-cv-03986
- Kenneth Karas
- May 24, 2023
Background
Ruby Aguirre brought this self-represented action under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She alleges that her employer, Rising Ground, discriminated and retaliated against her because of her religion. In an earlier order dated May 15, 2023, the court allowed Aguirre to proceed without paying court fees in advance.
Service of the lawsuit
Because Aguirre was allowed to proceed without prepaying fees, the court said she could rely on the court and the U.S. Marshals Service to serve Rising Ground. Service is the formal delivery of the summons and complaint to the defendant. The Clerk of Court was instructed to complete the required U.S. Marshals Service forms, issue a summons for Rising Ground, and deliver the necessary documents to the Marshals Service.
Deadline and address requirement
The court extended the time for service until 90 days after the summons is issued. If the complaint is not served within that period, Aguirre should request an extension of time. The court also directed Aguirre to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Ruling
Judge Kenneth M. Karas ordered the Clerk to mail Aguirre an information package and to complete the service process described above. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without paying fees. This order addresses service and appeal-fee status; it does not decide the merits of Aguirre’s discrimination or retaliation allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.