Phillips v. White Plains Hospital
- Kenneth Karas
- 7:23-cv-11326
- U.S. District Court · Southern District of New York
- 5
In Phillips v. White Plains Hospital, Judge Karas ordered service and required Cherry Todd to submit a signed fee-waiver application.
Tia Phillips, Cherry Todd, and Stephanie Henao are affected by the service and address-notification directions; Cherry Todd must additionally submit an original signature within 30 days or her claims will be dismissed without prejudice. White Plains Hospital is the defendant to be served, and the U.S. Marshals Service is directed to handle service.
What happened
Phillips v. White Plains Hospital involves Tia Phillips, Cherry Todd, and Stephanie Henao, who are representing themselves and allege that their former employer discriminated against them because of disabilities under the Americans with Disabilities Act. Two plaintiffs had permission to proceed without prepaying court fees.
The court directed the Clerk to issue a summons and send the necessary papers to the U.S. Marshals Service so White Plains Hospital could be served. The court also ordered Cherry Todd to submit an original signature page for her fee-waiver application within 30 days; otherwise, her claims will be dismissed without prejudice.
Judge Kenneth M. Karas issued the order on February 2, 2024. He also extended the service period to 90 days after the summons is issued, required plaintiffs to report address changes, and denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Phillips v. White Plains Hospital · No. 7:23-cv-11326
- Kenneth Karas
- Feb. 2, 2024
Background
Tia Phillips, Cherry Todd, and Stephanie Henao sued White Plains Hospital under the Americans with Disabilities Act, alleging that their former employer discriminated against them because of their disabilities. The opinion states that all three plaintiffs are representing themselves. The court had previously granted two plaintiffs permission to proceed without prepaying filing fees, called permission to proceed in forma pauperis.
Service of the lawsuit
Because two plaintiffs had received that permission, the court said they could rely on the court and the U.S. Marshals Service to serve White Plains Hospital. The court directed the Clerk of Court to complete the Marshals Service process forms, issue a summons, and send the documents needed to serve the defendant.
The court stated that the amended complaint must be served within 90 days after the summons is issued. If service is not completed within that period, the plaintiffs should ask for more time. The plaintiffs must also notify the court in writing if their addresses change; the court may dismiss the action as to a plaintiff who fails to do so.
Cherry Todd’s fee-waiver application
Cherry Todd submitted her application without a signature. The court cited the federal rule requiring an unrepresented party to personally sign court papers and directed Todd to resubmit the signature page with an original signature within 30 days of the order. The court stated that if she does not comply within that time, her claims will be dismissed without prejudice.
Disposition
Judge Kenneth M. Karas directed the Clerk to issue the summons and arrange delivery of the service documents to the U.S. Marshals Service. He also directed Todd to submit the signed page within 30 days. The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addresses service and filing requirements; the opinion does not decide the disability-discrimination claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.