Parks v. Montefiore Medical Center
- James Oetken
- 1:23-cv-04945
- U.S. District Court · Southern District of New York
- 3
In Parks v. Montefiore Medical Center, Judge Oetken ordered the U.S. Marshals Service to serve the defendant after allowing Parks to proceed without upfront fees.
Bryant E. Parks and Montefiore Medical Center; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve Montefiore.
What happened
In Parks v. Montefiore Medical Center, Bryant E. Parks, representing himself, alleges that Montefiore Medical Center denied his request for a religious exemption or accommodation and ended his employment because he would not receive a COVID-19 vaccination. He asserted claims under federal, state, and New York City laws.
Because the court had allowed Parks to proceed without paying filing fees in advance, it directed the Clerk of Court to issue a summons, complete the service paperwork, and send the necessary documents to the U.S. Marshals Service. The court set the service deadline at 90 days after the summons is issued, rather than 90 days after the complaint was filed.
Judge Oetken ordered the Clerk to mail Parks an information package and arrange service on Montefiore. The order did not decide whether Parks’s claims have merit; it addressed only the next steps for serving the defendant and warned Parks to notify the court if his address changes.
The detailed version
- Parks v. Montefiore Medical Center · No. 1:23-cv-04945
- James Oetken
- June 29, 2023
Background
Bryant E. Parks 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 his complaint to assert claims under the New York State Human Rights Law and the New York City Human Rights Law. Parks alleges that Montefiore Medical Center unlawfully denied his request for a religious exemption or accommodation and terminated his employment because he failed to receive a COVID-19 vaccination.
The court had previously granted Parks permission to proceed without paying filing fees in advance. That status permits him to rely on the court and the U.S. Marshals Service to serve the defendant.
Order
The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Montefiore Medical Center, issue a summons, and send the Marshals Service the documents needed to serve Montefiore. The order identifies the service address as 111 East 210th Street, Bronx, New York 10467.
The court explained that service must occur within 90 days after the summons is issued. If service is not completed by then, Parks should request more time. The court also directed the Clerk to mail Parks an information package and warned that Parks must notify the court in writing if his address changes; the court may dismiss the action if he fails to do so.
Effect of the Order
Judge James Oetken’s order addressed service of process—the formal delivery of the lawsuit to the defendant—and did not decide whether Parks’s claims are legally valid or whether Montefiore violated any law. The case therefore proceeds to the service stage against Montefiore Medical Center.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.