Hibbert v. Montefiore Medical Center
- Rearden
- 1:23-cv-09589
- U.S. District Court · Southern District of New York
- 4
In Hibbert v. Montefiore Medical Center, Judge Rearden ordered Marshals service and denied counsel without prejudice, while arranging counsel efforts for mediation.
Charmaine Hibbert and Montefiore Medical Center; the order sets up service of the lawsuit and addresses Hibbert’s request for volunteer counsel without deciding her discrimination claims.
What happened
In Hibbert v. Montefiore Medical Center, Charmaine Hibbert, who is representing herself, alleges that her employer discriminated against her because of her race and sex. The court had allowed her to proceed without prepaying filing fees.
The court directed the Clerk of Court to issue a summons and send the necessary papers to the U.S. Marshals Service so the defendant could be served. Service must occur within 90 days after the summons is issued, unless Hibbert asks for more time. The court also said she must notify the court if her address changes.
Judge Rearden said the Clerk would try to locate a volunteer lawyer for Hibbert’s mediation. The court otherwise denied Hibbert’s request for volunteer counsel without prejudice to renewal and directed the Clerk to terminate that application.
The detailed version
- Hibbert v. Montefiore Medical Center · No. 1:23-cv-09589
- Rearden
- Jan. 23, 2024
Background
Charmaine Hibbert, proceeding without a lawyer, brings claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York City and New York State Human Rights Laws. She alleges that her employer, Montefiore Medical Center, discriminated against her based on race and sex. The court previously granted her permission to proceed without prepaying filing fees.
Service of Process
Because Hibbert was allowed to proceed without prepaying fees, the court ordered that she could rely on the court and the U.S. Marshals Service to serve Montefiore Medical Center. The Clerk of Court was directed to complete the required service form, issue a summons, and provide the Marshals Service with the documents needed to serve the defendant.
The court explained that service must be completed within 90 days after the summons is issued. If service is not completed by then, Hibbert should request an extension of time. The court also stated that Hibbert must notify the court in writing if her address changes and that the action could be dismissed if she fails to do so.
Request for Counsel
Hibbert applied for volunteer legal counsel. The court noted that relevant considerations include the apparent strength of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. The court stated that the merits of the case receive the most attention in this analysis.
By a separate order issued the same day, the court referred the case to its Mediation Program and directed the Clerk to try to locate volunteer counsel to represent Hibbert at the mediation. The court otherwise denied Hibbert’s request for volunteer counsel without prejudice to renewal. The Clerk was directed to terminate the application, mail Hibbert an information package, and provide her with an option to consent to receiving court documents by email.
Disposition
The court ordered the Clerk to issue the summons and arrange delivery of the service materials to the U.S. Marshals Service. It otherwise denied the request for volunteer counsel without prejudice, while directing efforts to locate counsel for mediation.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.