Cruz v. Con Edison of New York

Background

Brian Cruz, proceeding without a lawyer, brought claims against Con Edison of New York, Edward Naylor, Jr., and Peter Correia. The opinion says that Cruz alleges discrimination based on race and disability under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, 42 U.S.C. § 1981, and New York State and City human-rights laws. In an earlier order dated October 19, 2023, the court granted Cruz permission to proceed without prepaying court fees.

Service of Process

Service of process is the formal delivery of the summons and complaint to the defendants. Because Cruz was allowed to proceed without prepaying court fees, the court stated that he could rely on the court and the U.S. Marshals Service to complete service. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service.

The order states that service must be completed within 90 days after the summonses are issued. It explains that this deadline applies because Cruz could not have served the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. If service is not completed within that period, Cruz should request an extension of time. The order also requires Cruz to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.

Ruling

Judge Lorna G. Schofield instructed the Clerk to issue the summonses, complete the service forms using the listed addresses for Con Edison of New York, Edward Naylor, Jr., and Peter Correia, and provide all necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Cruz an information package and a copy of the order. This order concerned service of the lawsuit and did not resolve the merits of Cruz’s discrimination claims.