Jagnanan v. Moey, Inc.
- Analisa Torres
- 1:23-cv-07299
- U.S. District Court · Southern District of New York
- 3
In Jagnanan v. Moey, Inc., Judge Torres directed the Marshals Service to serve the pro se plaintiff’s discrimination lawsuit after granting permission to proceed without fees.
Christa Ava Jagnanan and defendants Moey, Inc., Molly Lenore, and Joseph Kirshner Stein; the Clerk of Court and U.S. Marshals Service were directed to arrange service.
What happened
Jagnanan v. Moey, Inc. is a lawsuit by Christa Ava Jagnanan against Moey, Inc., Molly Lenore, and Joseph Kirshner Stein. Jagnanan, who is representing herself, alleges discrimination based on race, color, sex, and disability under federal, New York State, and New York City laws.
Because Jagnanan was allowed to proceed without paying court fees, the court said she could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses and send the necessary paperwork to the Marshals Service. It did not decide whether the alleged discrimination occurred.
Judge Torres ordered the Clerk to complete service forms using the defendants’ listed addresses and to mail Jagnanan an information package. The court said the complaint should be served within 90 days after the summonses are issued and warned that Jagnanan must report any address change and that the case may be dismissed if she does not.
The detailed version
- Jagnanan v. Moey, Inc. · No. 1:23-cv-07299
- Analisa Torres
- Feb. 20, 2024
Background
Christa Ava Jagnanan brought this pro se action, meaning she is representing herself, under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the New York State and New York City Human Rights Laws. She alleges that her employer discriminated against her based on race, color, sex, and disability. The defendants are Moey, Inc., Molly Lenore, and Joseph Kirshner Stein.
The court had previously granted Jagnanan permission to proceed in forma pauperis, meaning without paying the usual court fees. The opinion states that Jagnanan filed an original complaint on August 17, 2023, and an amended complaint on February 5, 2024, after receiving an order and extension to do so.
Service Order
Because Jagnanan was proceeding without paying court fees, the court held that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses for Moey, Inc., Molly Lenore, and Joseph Kirshner Stein; complete the U.S. Marshals Service process forms with the defendants’ listed addresses; and provide the Marshals Service with the documents needed to make service.
The court stated that service should occur within 90 days after the summonses are issued. It explained that the usual 90-day period generally runs from the filing of the complaint, but that Jagnanan could not have served the summonses and amended complaint before the court reviewed the amended complaint and ordered the summonses issued. The court therefore extended the service period to 90 days after issuance of the summonses.
Disposition
Judge Torres entered an order directing the Clerk of Court to issue the summonses and arrange service through the U.S. Marshals Service. The court also directed the Clerk to mail Jagnanan an information package. Jagnanan must notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so. The order addressed service and case administration; it did not rule on the merits of Jagnanan’s discrimination allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.