Smith v. City of New York

Background

Myra S. Smith filed a case against the City of New York without a lawyer. She asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 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 and retaliated against her based on race, color, and age.

In an earlier order dated September 27, 2023, the court allowed Smith to proceed without paying filing fees in advance. That status permits her to rely on the court and the U.S. Marshals Service to serve the defendant.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the City of New York, issue a summons, and deliver the summons and other necessary papers to the Marshals Service for service. The order also directs the Clerk to mail Smith an information package.

The court explained that service generally must occur within 90 days, but because Smith was proceeding without prepaid fees and could not serve the papers before the court issued the summons, the relevant 90-day period begins when the summons is issued. If the complaint is not served within that period, Smith should request additional time. The court also stated that Smith must notify it in writing if her address changes and that the case may be dismissed if she fails to do so.

Effect of the Order

This was an order concerning service of process—the formal delivery of the lawsuit papers to the defendant. It did not decide the merits of Smith’s discrimination or retaliation claims. The court ordered the Clerk and the Marshals Service to take the steps needed to serve the City of New York.