Brown v. Zeta Charter School
- Katherine Failla
- 1:23-cv-05593
- U.S. District Court · Southern District of New York
- 5
In Brown v. Zeta Charter School, Judge Failla ordered the U.S. Marshals Service to serve the defendant.
Cynthia Brown and Zeta Charter School; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendant.
What happened
Cynthia Brown, representing herself, sued Zeta Charter School over the alleged termination of her minor daughter’s education. The court understood the complaint to raise disability-related federal claims and possible state-law claims, but did not decide whether those claims had merit.
Because Brown had permission to proceed without paying filing fees upfront, the court directed the Clerk to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve Zeta Charter School. Service must occur within 90 days after the summons is issued, or Brown should request more time.
Judge Katherine Polk Failla also directed the Clerk to mail Brown an information package and warned that Brown must report any address change in writing. The order of service did not resolve the underlying claims.
The detailed version
- Brown v. Zeta Charter School · No. 1:23-cv-05593
- Katherine Failla
- Aug. 3, 2023
Background
Cynthia Brown, proceeding without a lawyer, sued Zeta Charter School. The court understood the defendant named as “Zeta Charter School” to be Zeta Bronx Mount Eden Early Childhood School. Brown’s claims arose from the alleged termination of her minor daughter’s education at that school.
The court construed the complaint as possibly asserting claims under the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and state law. The opinion did not decide the merits of those claims.
Prior Fee Ruling
The court had previously granted Brown permission to proceed without prepaying filing fees. Because Brown was proceeding under that permission, she could rely on the court and the U.S. Marshals Service to serve the defendant.
Service Instructions
The court directed the Clerk of Court to issue a summons for Zeta Charter School, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary documents to the Marshals Service. The service address listed in the order was Zeta Bronx Mount Eden Early Childhood School, 1325 Jerome Avenue, Bronx, New York 10452.
The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Brown should request an extension of time. Brown must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.
Additional Information
The court informed Brown about the New York Legal Assistance Group’s Clinic for Pro Se Litigants, a free legal clinic operated by a private organization rather than by the court. The court directed the Clerk to mail an information package to Brown’s address of record.
Disposition
The court entered an order of service. It directed the Clerk to issue the summons and service materials and to send them to the U.S. Marshals Service. The order did not decide whether Brown’s claims were legally valid or whether she would prevail.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.