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S.D.N.Y.Procedural orderFiled Oct. 25, 2023

Brown v. New York City Human Resources Administration

Judge
Edgardo Ramos
Docket
1:23-cv-09113
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Brown v. New York City Human Resources Administration, Judge Ramos ordered Marshals Service delivery of summonses and complaint to the defendants.

Who this affects

Deshanae L. Brown, the six defendants, the Clerk of Court, and the U.S. Marshals Service. The order requires the Clerk and Marshals Service to take steps to serve the defendants; it does not decide Brown’s claims.

What happened

Brown v. New York City Human Resources Administration is a lawsuit by Deshanae L. Brown against the agency and five individuals. Brown, representing herself, alleges discrimination based on color, sex, and disability under federal and New York laws, including Title VII, the Americans with Disabilities Act, and the Family and Medical Leave Act.

The court had already allowed Brown to proceed without paying the filing fee in advance. Because of that status, the court said Brown could rely on the U.S. Marshals Service to deliver the summonses and complaint to the defendants.

The court ordered the Clerk of Court to issue summonses, prepare service forms, and send the necessary papers to the Marshals Service. The complaint must be served within 90 days after the summonses are issued, and Judge Ramos directed Brown to request more time if service is not completed by then.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brown v. New York City Human Resources Administration · No. 1:23-cv-09113
Judge
Edgardo Ramos
Date
Oct. 25, 2023

Background

Deshanae L. Brown filed this action without a lawyer against the New York City Human Resources Administration, Moustapha Boukari, Frank Agbi, Asra Horton, Laurie Moore, and Candi Rufus. She alleges discrimination based on color, sex, and disability under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and New York State human-rights laws.

In an earlier order dated October 18, 2023, the court granted Brown permission to proceed without paying the filing fee in advance. The opinion explains that a plaintiff with that status may rely on the court and the U.S. Marshals Service to serve the summonses and complaint.

Court’s Action

The court ordered the Clerk of Court to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the documents needed for service to the Marshals Service. The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed by then, Brown should request an extension of time. The court also directed Brown to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so. Judge Edgardo Ramos did not decide the discrimination claims in this order.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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