Hamilton v. New York Foundling
- Rearden
- 1:23-cv-00536
- U.S. District Court · Southern District of New York
- 3
In Hamilton v. New York Foundling, Judge Rearden ordered government-assisted service of Hamilton’s national-origin discrimination lawsuit.
Violet Hamilton and New York Foundling; the Clerk of Court and the U.S. Marshals Service were directed to carry out service.
What happened
Hamilton v. New York Foundling is a lawsuit by Violet Hamilton, who is representing herself, alleging that New York Foundling discriminated against her because of her national origin under federal employment law. The court also understood her allegations to include related state-law claims.
Because Hamilton was allowed to proceed without paying filing fees, the court said the court and the U.S. Marshals Service must assist with serving New York Foundling. The court instructed the Clerk of Court to issue a summons, prepare the service paperwork, and provide the necessary documents to the Marshals Service.
Judge Jennifer H. Rearden ordered that service occur within 90 days after the summons is issued, while explaining that Hamilton may request more time. The court also directed Hamilton to notify it in writing if her address changes; the order did not decide whether her discrimination claims are valid.
The detailed version
- Hamilton v. New York Foundling · No. 1:23-cv-00536
- Rearden
- June 15, 2023
Background
Violet Hamilton brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, alleging that New York Foundling discriminated against her because of her national origin. The court construed her allegations as also asserting related state-law claims. On January 24, 2023, the court allowed Hamilton to proceed without paying filing fees.
Service of process
Because Hamilton was allowed to proceed without paying filing fees, federal law requires the court to order the U.S. Marshals Service to serve the defendant. The court explained that Hamilton could not have served the summons and amended complaint before the court reviewed the amended complaint and ordered that a summons be issued. It therefore extended the service period so that the 90-day period begins on the date the summons is issued.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form with New York Foundling’s address, issue a summons, and deliver the paperwork needed for service to the Marshals Service. The listed service address was 590 Avenue of the Americas, New York, New York 10011.
Order
Judge Jennifer H. Rearden ordered the Clerk of Court to issue the summons, complete the service form, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail Hamilton an information package. The court stated that Hamilton should request an extension if the amended complaint is not served within 90 days after the summons is issued. Hamilton must notify the court in writing of any address change, and the court may dismiss the action if she fails to do so. This order addressed service and did not decide the merits of Hamilton’s discrimination or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.