Gill-Drayton v. New York State Education Department
- Kenneth Karas
- 7:23-cv-10259
- U.S. District Court · Southern District of New York
- 5
In Gill-Drayton v. New York State Education Department, Judge Karas ordered Marshals service after Gill-Drayton received permission to proceed without paying fees.
Lori A. Gill-Drayton receives court-assisted service through the U.S. Marshals Service. The New York State Education Department, Mount Vernon City School District, Dr. Crystal Waterman, and Keith McCall are the defendants to be served.
What happened
In Gill-Drayton v. New York State Education Department, Lori A. Gill-Drayton, representing herself, alleges that her employer discriminated against her because of a disability under federal and New York law.
Because the court had already allowed her to proceed without paying filing fees, it ordered the Clerk of Court to issue summonses and provide the necessary paperwork to the U.S. Marshals Service. The Marshals Service is to serve the New York State Education Department, Mount Vernon City School District, Dr. Crystal Waterman, and Keith McCall. The court extended the service deadline to 90 days after the summonses are issued.
Judge Kenneth M. Karas also directed Gill-Drayton to notify the court if her address changes and warned that the case could be dismissed if she does not. The order addressed service and case administration; it did not decide whether the alleged discrimination occurred or whether Gill-Drayton's claims will succeed.
The detailed version
- Gill-Drayton v. New York State Education Department · No. 7:23-cv-10259
- Kenneth Karas
- Dec. 12, 2023
Background
Lori A. Gill-Drayton, proceeding without a lawyer, brought claims under the Americans with Disabilities Act and the New York State Human Rights Law. She alleges that her employer discriminated against her based on her disability. The defendants are the New York State Education Department, Mount Vernon City School District, Dr. Crystal Waterman, and Keith McCall.
The court had previously granted Gill-Drayton permission to proceed without prepaying filing fees. In such cases, federal law requires the court to direct the U.S. Marshals Service to serve the defendants.
Order
The court directed the Clerk of Court to complete service forms, issue summonses, and deliver the necessary documents to the U.S. Marshals Service so the Marshals Service can serve all four defendants. The court stated that Gill-Drayton must request an extension if the complaint is not served within 90 days after the summonses are issued. It also directed her to notify the court in writing of any address change and stated that the case may be dismissed if she fails to do so.
The order also explained that Gill-Drayton may consent to receive court documents electronically and directed the Clerk to mail her an information package. Judge Kenneth M. Karas did not rule on the merits of her disability-discrimination claims in this order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.