Monroque v. Lionsgate Television Inc.
- Vernon Broderick
- 1:23-cv-07017
- U.S. District Court · Southern District of New York
- 5
In Monroque v. Lionsgate Television, Judge Broderick dismissed claims against the named television series without prejudice and ordered service on Lionsgate Television, Inc.
Geraldine Imoya Monroque may continue pursuing the action against Lionsgate Television Inc., which the court directed the U.S. Marshals Service to serve. Her claims against “Power Book III (Raising Kanan)” were dismissed without prejudice because the court found that the television series lacked legal existence and capacity to be sued.
What happened
In Monroque v. Lionsgate Television Inc., Geraldine Imoya Monroque brought claims under federal and New York laws, alleging discrimination based on religion and disability. She was representing herself and had permission to proceed without paying filing fees in advance.
The court determined that “Power Book III (Raising Kanan),” apparently the television series on which Monroque was booked to work, did not appear to be a legally existing entity and therefore could not be sued. The court did not make a decision on whether the alleged discrimination occurred.
The court dismissed Monroque’s claims against “Power Book III (Raising Kanan)” without prejudice. Judge Broderick directed the Clerk of Court and the U.S. Marshals Service to serve Lionsgate Television, Inc.; the court also denied fee-free status for any appeal from the order.
The detailed version
- Monroque v. Lionsgate Television Inc. · No. 1:23-cv-07017
- Vernon Broderick
- Aug. 21, 2023
Background
Geraldine Imoya Monroque brought this action against Lionsgate Television Inc. and “Power Book III (Raising Kanan).” She proceeded without a lawyer and had been granted permission to proceed without prepaying filing fees. Her complaint invoked Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the New York State Human Rights Law. She alleged discrimination based on religion and disability.
Claims Against “Power Book III (Raising Kanan)”
The court observed that “Power Book III (Raising Kanan)” appeared to be the name of the television series on which Monroque was booked to work. Monroque had not provided a service address for that defendant, and the series did not appear to be an entity with legal existence. The court held that legal existence is required before an entity can have the legal capacity to be sued.
The court therefore dismissed Monroque’s claims against “Power Book III (Raising Kanan)” without prejudice because that defendant lacked legal existence and consequently lacked the capacity to be sued. The opinion did not decide the merits of Monroque’s discrimination allegations.
Service on Lionsgate Television Inc.
Because Monroque was authorized to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve Lionsgate Television Inc. The Clerk of Court was directed to prepare the required service form, issue a summons, and provide the Marshals Service with the documents needed to serve Lionsgate Television Inc.
The court stated that service should occur within 90 days after the summons is issued. If service is not completed within that period, Monroque should request an extension of time. The opinion also stated that Monroque must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so.
Disposition
The court dismissed the claims against “Power Book III (Raising Kanan)” without prejudice and directed issuance of the summons and service materials for Lionsgate Television Inc. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.