Sanchez v. New York City Department of Education
- James Oetken
- 1:23-cv-11156
- U.S. District Court · Southern District of New York
- 3
In Sanchez v. New York City Department of Education, Judge Oetken ordered the Marshals Service to serve Sanchez’s complaint after granting her fee waiver.
Elizabeth Sanchez and the New York City Department of Education; the order also directs the Clerk of Court and the U.S. Marshals Service to take steps to serve the lawsuit.
What happened
Elizabeth Sanchez sued the New York City Department of Education under disability and employment laws, alleging discrimination, retaliation, and failure to provide a disability accommodation. She is representing herself and was allowed to proceed without paying court fees in advance.
Because Sanchez received that fee waiver, the court directed the Clerk of Court to issue a summons and provide the necessary papers to the U.S. Marshals Service for service on the Department of Education. The court stated that service must occur within 90 days after the summons is issued, unless Sanchez requests more time.
Judge J. Paul Oetken also directed the Clerk to mail Sanchez an information package and warned that she must notify the court if her address changes. The order addressed service of the lawsuit and did not decide whether Sanchez’s claims were valid.
The detailed version
- Sanchez v. New York City Department of Education · No. 1:23-cv-11156
- James Oetken
- Jan. 16, 2024
Background
Elizabeth Sanchez, representing herself, brought claims under the Americans with Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated and retaliated against her because of her disability and failed to provide a disability accommodation.
The court had previously granted Sanchez permission to proceed without paying filing fees in advance. In such cases, federal law requires the court to arrange service of the summons and complaint through the U.S. Marshals Service.
Court’s Action
The court ordered the Clerk of Court to issue a summons for the New York City Department of Education, complete a U.S. Marshals Service process form with the defendant’s address, and provide the Marshals Service with the documents needed to serve the defendant.
The court explained that Sanchez must serve the complaint within 90 days after the summons is issued. If she cannot do so within that period, she should request an extension of time. She must also notify the court in writing if her address changes; the court stated that failure to do so may result in dismissal of the action.
Disposition and Significance
This was an order about serving the lawsuit, not a decision on the merits of Sanchez’s discrimination, retaliation, accommodation, or leave-related claims. Judge J. Paul Oetken directed the Clerk to issue the summons and arrange service through the Marshals Service, and directed the Clerk to mail Sanchez an information package.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.