Gonzalez v. Sutton Park Center for Nursing & Rehabilitation

Background

Margarita Gonzalez brought this lawsuit without a lawyer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and New York State human-rights laws. She alleges that Sutton Park Center for Nursing & Rehabilitation discriminated against her because of her race, national origin, and age. The court had previously granted her permission to proceed in forma pauperis, commonly called IFP.

Service of the Lawsuit

Because Gonzalez was proceeding under IFP status, the court said she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the paperwork necessary to serve Sutton Park Center for Nursing & Rehabilitation at the address listed in the order.

The court extended the service deadline so that Gonzalez must complete service within 90 days after the summons is issued. If service is not completed within that period, Gonzalez should request an extension of time. She 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.

Ruling and Effect

Judge Kenneth M. Karas ordered the Clerk to issue the summons, complete the service form, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Gonzalez an information package. This order concerns service and case administration; it does not resolve Gonzalez’s discrimination claims.