Harris v. Montefiore Medical Center
- Andrew Carter
- 1:23-cv-08307
- U.S. District Court · Southern District of New York
- 5
In Harris v. Montefiore Medical Center, Judge Carter ordered service by the U.S. Marshals Service after Harris received permission to proceed without paying fees.
Monique A. Harris and Montefiore Medical Center; the order directs the court clerk and U.S. Marshals Service to arrange service of the lawsuit.
What happened
Harris v. Montefiore Medical Center is a case brought by Monique A. Harris, who is representing herself, against her former employer. She asserts claims under federal and New York laws prohibiting employment discrimination and seeks damages and other court-ordered relief.
The court had already allowed Harris to proceed without prepaying filing fees. Because of that permission, the court said Harris could rely on the court and the U.S. Marshals Service to deliver the lawsuit to Montefiore.
The court ordered the Clerk to issue a summons and provide the Marshals Service with the documents needed to serve Montefiore. Judge Andrew L. Carter, Jr. also said Harris should request more time if service is not completed within 90 days after the summons is issued and must notify the court if her address changes.
The detailed version
- Harris v. Montefiore Medical Center · No. 1:23-cv-08307
- Andrew Carter
- Nov. 3, 2023
Background
Monique A. Harris, who is proceeding without a lawyer, brought this action against Montefiore Medical Center. The opinion states that she asserts claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. She seeks damages and equitable relief, meaning non-monetary relief ordered by a court.
The court had previously granted Harris permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis. The order also states that a filing related to Harris's application disclosed a minor child's birth date and full name, so the court directed the Clerk to restrict electronic access to that application.
Service of the lawsuit
Because Harris was permitted to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Montefiore. The court directed the Clerk to issue a summons for Montefiore, complete a U.S. Marshals Service Process Receipt and Return form, and send the necessary paperwork to the Marshals Service.
The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Harris should request an extension of time. The court also directed Harris to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Other information and ruling
The order included information about the New York Legal Assistance Group's free clinic for people representing themselves in civil cases in the Southern District of New York. The clinic is operated by a private organization and is not part of the court.
Judge Andrew L. Carter, Jr. ordered the Clerk to mail Harris an information package, issue the summons for Montefiore, complete the service form, and provide the required documents to the Marshals Service. The order concerns service and case administration; it does not decide whether Harris's employment-discrimination claims are legally valid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.