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S.D.N.Y.Procedural orderFiled June 12, 2023

St. Hillaire v. Montefiore Medical Center

Judge
Philip Halpern
Docket
7:23-cv-04763
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedureEmploymentPro Se
In one sentence

In St. Hillaire v. Montefiore Medical Center, Judge Halpern ordered Marshals service and denied IFP status for any appeal.

Who this affects

Donna St. Hillaire, Montefiore Medical Center, the Clerk of Court, and the U.S. Marshals Service. The order moves the case toward service on Montefiore but does not resolve St. Hillaire's claims.

What happened

In St. Hillaire v. Montefiore Medical Center, Donna St. Hillaire filed a lawsuit without a lawyer against Montefiore Medical Center. She alleges that Montefiore denied her request for a religious exemption or accommodation and ended her employment after she declined COVID-19 vaccination.

The case asserts claims under Title VII, a federal employment-discrimination law, and 42 U.S.C. § 1983. The court also read the complaint as raising claims under New York State and New York City human-rights laws. The court had already allowed St. Hillaire to proceed without paying filing fees in advance.

Judge Philip M. Halpern ordered the Clerk of Court to issue a summons and provide the U.S. Marshals Service with the documents needed to serve Montefiore. The order also states that St. Hillaire must seek more time if service is not completed within 90 days after the summons is issued, and that she must notify the court of any address change. The court denied permission to appeal without paying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
St. Hillaire v. Montefiore Medical Center · No. 7:23-cv-04763
Judge
Philip Halpern
Date
June 12, 2023

Background

Donna St. Hillaire brought this action without a lawyer under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1983. The court also read her complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law. St. Hillaire alleges that Montefiore Medical Center denied her request for a religious exemption or accommodation and terminated her employment on October 30, 2021, because she failed to receive a COVID-19 vaccination.

The court had previously allowed St. Hillaire to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Montefiore Medical Center, issue a summons, and give the Marshals Service the documents needed to serve Montefiore.

The order states that if service is not completed within 90 days after the summons is issued, St. Hillaire should ask for an extension of time. It also requires her to notify the court in writing if her address changes and states that the court may dismiss the action if she fails to do so.

Disposition

Judge Philip M. Halpern entered an order directing service of the complaint. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide whether St. Hillaire's employment or discrimination claims have merit.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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