Park v. Sanctuary for Families, Inc.
- John Koeltl
- 1:24-cv-00787
- U.S. District Court · Southern District of New York
- 5
In Park v. Sanctuary for Families, Judge Koeltl ordered U.S. Marshals service for Park’s discrimination lawsuit after she received permission to proceed without prepaying fees.
Sunah Park, Sanctuary for Families, Inc., Dorchen Leidholdt, and Judy Harris Kluger are directly affected. The Clerk of Court and the U.S. Marshals Service are directed to take steps to serve the defendants.
What happened
In Sunah Park v. Sanctuary for Families, Inc., Sunah Park, who is representing herself, alleges that her employer discriminated against her because of her race and national origin. She also brings claims under federal, New York State, and New York City law, including claims for emotional distress.
The court had already allowed Park to proceed without prepaying filing fees. Because of that permission, the court ordered the Clerk’s Office to issue summonses and provide the U.S. Marshals Service with the documents and forms needed to serve Sanctuary for Families, Inc., Dorchen Leidholdt, and Judy Harris Kluger.
Judge John G. Koeltl also extended the service deadline to 90 days after the summonses are issued and told Park to request more time if service is not completed by then. The order also requires Park to notify the court if her address changes and explains that she may choose to receive court documents by email.
The detailed version
- Park v. Sanctuary for Families, Inc. · No. 1:24-cv-00787
- John Koeltl
- Feb. 14, 2024
Background
Sunah Park proceeds without a lawyer. She alleges that her employer discriminated against her based on race and national origin. Her complaint invokes Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and New York State and New York City human-rights laws. She also asserts state-law claims for intentional and negligent infliction of emotional distress.
In an earlier order dated February 7, 2024, the court granted Park permission to proceed without prepaying filing fees. A plaintiff granted that status may rely on the court and the U.S. Marshals Service to serve the defendants.
Service Order
The court instructed the Clerk of Court to issue summonses for Sanctuary for Families, Inc., Dorchen Leidholdt, and Judy Harris Kluger. The Clerk must complete a U.S. Marshals Service Process Receipt and Return form for each defendant and deliver the summonses and other necessary papers to the Marshals Service so it can carry out service.
Ordinarily, Federal Rule of Civil Procedure 4(m) requires service within 90 days after the complaint is filed. Because Park could not serve the summonses and complaint until the court reviewed the complaint and ordered the summonses issued, the court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Park should request an extension of time.
Other Instructions and Disposition
The court warned Park that she must notify it in writing if her address changes and that the action may be dismissed if she fails to do so. The Clerk was also directed to mail Park an information package. Park may consent to electronic service, in which event she would no longer receive paper copies of case filings.
Judge John G. Koeltl entered an order directing the Clerk of Court to issue summonses, complete the service forms, and provide the necessary documents to the U.S. Marshals Service. The opinion does not decide the merits of Park’s discrimination or emotional-distress claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.