Kennedy v. New York Blood Center

Background

Elke Ramona Kennedy, who is representing herself, brought the action against her employer, New York Blood Center. She asserted employment-discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the New York State and New York City Human Rights Laws.

The court had previously granted Kennedy permission to proceed without prepaying court fees. Because she was proceeding under that permission, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant.

Service of Process

The court directed the Clerk of Court to issue a summons for New York Blood Center, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and provide the Marshals Service with the documents needed to make service.

Although federal procedural rules generally require service within 90 days after a complaint is filed, the court explained that Kennedy could not serve the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Kennedy should request an extension of time. The court also instructed Kennedy to notify it in writing if her address changes and stated that the action may be dismissed if she does not do so.

Legal Assistance and Disposition

The court directed the Clerk to mail Kennedy an information package and attached information about the New York Legal Assistance Group’s Clinic for Pro Se Litigants. The clinic is a private organization that provides limited assistance to people representing themselves in civil lawsuits in the Southern District of New York; it is not part of the court and cannot file documents for a self-represented party.

Judge Arun Subramanian ordered the Clerk to issue the summons, prepare the service form, and send the service materials to the U.S. Marshals Service. This order concerned service and related administrative matters and did not decide whether Kennedy’s discrimination or retaliation claims were legally valid.