Aguirre v. Rising Ground

Background

Ruby Aguirre brought this pro se 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. The court had previously granted her permission to proceed in forma pauperis, meaning without prepaying court fees.

Service of Process

Because Aguirre was proceeding in forma pauperis, the court explained that she could rely on the court and the U.S. Marshals Service to serve Rising Ground. The Clerk of Court was instructed to complete the U.S. Marshals Service process forms, issue a summons, and deliver the necessary documents to the Marshals Service.

The court stated that service generally must occur within 90 days after a complaint is filed, but Aguirre could not serve the defendant before the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Aguirre should request more time. She must also notify the court in writing if her address changes, and the court may dismiss the action if she does not do so.

Disposition

The court ordered the Clerk to mail Aguirre an information package, issue a summons for Rising Ground, complete the service forms, and provide the documents to the U.S. Marshals Service. The court also certified that any appeal from this order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order did not resolve the merits of Aguirre’s discrimination or retaliation claims.