Cruz v. Con Edison of New York
- Lorna Schofield
- 1:23-cv-09139
- U.S. District Court · Southern District of New York
- 3
In Cruz v. Con Edison of New York, Judge Schofield ordered the U.S. Marshals Service to serve the defendants.
Brian Cruz and the defendants Con Edison of New York, Edward Naylor, Jr., and Peter Correia; the order also directs actions by the Clerk of Court and the U.S. Marshals Service.
What happened
In Cruz v. Con Edison of New York, Brian Cruz, representing himself, alleges that Con Edison of New York, Edward Naylor, Jr., and Peter Correia discriminated against him because of his race and disability. He sued under federal and New York civil-rights laws.
Because Cruz was allowed to proceed without paying filing fees, the court said he could rely on the court and the U.S. Marshals Service to deliver the summonses and amended complaint. The court directed the Clerk of Court to issue the summonses and prepare the required service forms.
The court ordered service on the three defendants and stated that service must occur within 90 days after the summonses are issued, unless Cruz requests more time. Judge Lorna G. Schofield also directed Cruz to notify the court in writing if his address changes.
The detailed version
- Cruz v. Con Edison of New York · No. 1:23-cv-09139
- Lorna Schofield
- Dec. 1, 2023
Background
Brian Cruz brings this action without a lawyer under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. He alleges that Con Edison of New York, Edward Naylor, Jr., and Peter Correia discriminated against him based on race and disability.
The court had previously granted Cruz permission to proceed without paying filing fees. Cruz filed an amended complaint on November 6, 2023.
Service of the Complaint
Because Cruz was permitted to proceed without paying filing fees, federal law allows him to rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that a plaintiff proceeding this way could not serve the summonses and amended complaint until the court reviewed the amended complaint and ordered that summonses be issued.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to serve Con Edison of New York, Edward Naylor, Jr., and Peter Correia. The opinion lists service addresses for each defendant.
The court extended the service period to 90 days after the summonses are issued. If the amended complaint is not served within that period, Cruz should request an extension of time. The court also stated that Cruz must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Ruling
Judge Lorna G. Schofield ordered the Clerk of Court to issue the summonses, complete the service forms, and deliver the necessary documents to the U.S. Marshals Service. The order concerns service of the lawsuit and does not decide whether Cruz’s discrimination claims are legally or factually valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.