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S.D.N.Y.Procedural orderFiled June 26, 2023

Williams v. The Plaza Rehabilitation and Nursing Center

Judge
Paul Gardephe
Docket
1:23-cv-04438
Court
U.S. District Court · Southern District of New York
Pages
3
EmploymentCivil ProcedurePro Se
In one sentence

In Williams v. Plaza Rehabilitation, Judge Gardephe ordered service of the pro se employment-discrimination complaint through federal marshals.

Who this affects

Robin A. Williams and the named defendants—Plaza Rehabilitation and Nursing Center, John Taylor, Crystal Roebuck, and Ricardo Graham—are affected by the service instructions; the Clerk of Court and U.S. Marshals Service must carry them out.

What happened

Williams v. The Plaza Rehabilitation and Nursing Center is a lawsuit by Robin A. Williams alleging that her employer discriminated against her because of her sex, perceived disability, and age under federal, New York State, and New York City laws.

The court had allowed Williams to proceed without paying filing fees. Because of that status, the court directed the Clerk of Court to issue summonses and provide the necessary papers to the U.S. Marshals Service so the Marshals can serve Plaza Rehabilitation and Nursing Center, John Taylor, Crystal Roebuck, and Ricardo Graham.

Judge Gardephe ordered that service generally be completed within 90 days after the summonses are issued and said Williams should request more time if necessary. The order addressed service and case administration; it did not decide whether the discrimination allegations were legally valid.

The detailed version

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

Case
Williams v. The Plaza Rehabilitation and Nursing Center · No. 1:23-cv-04438
Judge
Paul Gardephe
Date
June 26, 2023

Background

Robin A. Williams filed this pro se employment-discrimination action under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her based on sex, perceived disability, and age. The opinion does not decide the truth or legal sufficiency of those allegations.

The court had previously granted Williams permission to proceed without paying filing fees. In such cases, federal law requires the court to direct the U.S. Marshals Service to serve the summons and complaint.

Order

The court instructed the Clerk of Court to complete service forms with addresses for Plaza Rehabilitation and Nursing Center, John Taylor, Crystal Roebuck, and Ricardo Graham; issue summonses; and deliver the required paperwork to the Marshals Service. The order also directs the Clerk to mail Williams an information package.

The court explained that service should occur within 90 days after the summonses are issued. If service is not completed by then, Williams should request an extension of time. The court also directed Williams to notify it in writing if her address changes and warned that the action may be dismissed if she fails to do so.

Result and scope

Judge Gardephe entered an order arranging service of the complaint. This was a procedural order, not a ruling on whether Williams proved discrimination or whether her claims can proceed on their merits.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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