Solomon-El v. Montefiore Medical Center
- Vyskocil
- 1:23-cv-08200
- U.S. District Court · Southern District of New York
- 3
In Solomon-El v. Montefiore Medical Center, Judge Vyskocil ordered service through the Marshals after allowing Plaintiff to proceed without paying fees.
Norma J. Rodgers Solomon-El must provide any needed address updates and ensure that service proceeds; Montefiore Medical Center is to be served through the U.S. Marshals Service.
What happened
In Solomon-El v. Montefiore Medical Center, Norma J. Rodgers Solomon-El, representing herself, sued Montefiore Medical Center under federal and city laws, alleging religious discrimination by her employer.
Because the court had allowed Solomon-El to proceed without paying filing fees, it ordered the Clerk of Court to issue a summons and prepare the paperwork for the U.S. Marshals Service to serve Montefiore. The court extended the service deadline to 90 days after the summons is issued.
Judge Mary Kay Vyskocil also directed the Clerk to mail Solomon-El an information package and warned that she must report any address change. The order did not decide whether discrimination occurred or whether her claims were legally valid.
The detailed version
- Solomon-El v. Montefiore Medical Center · No. 1:23-cv-08200
- Vyskocil
- Sept. 22, 2023
Background
Plaintiff Norma J. Rodgers Solomon-El brings this case without a lawyer against Montefiore Medical Center. She alleges that her employer discriminated against her because of her religion, asserting claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law.
The court had previously granted Plaintiff permission to proceed without prepaying filing fees. This status allows her to rely on the court and the U.S. Marshals Service to serve the defendant.
Service Order
The court instructed the Clerk of Court to issue a summons for Montefiore Medical Center, complete the U.S. Marshals Service process forms with Montefiore’s address, and provide the Marshals Service with the documents needed to serve the defendant. The court also directed the Clerk to mail Plaintiff an information package.
Ordinarily, a summons must be served within 90 days after the complaint is filed. Because Plaintiff could not serve the complaint until the court reviewed it and ordered the summons issued, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Plaintiff should request more time.
Other Requirement and Effect
Plaintiff must notify the court in writing if her address changes. The court stated that it may dismiss the action if she fails to do so.
Judge Mary Kay Vyskocil’s order concerns service of process and case administration. It does not resolve the allegations of religious discrimination or otherwise decide the merits of Plaintiff’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.