Calderon Ortiz v. Pace University
- Lewis Liman
- 1:23-cv-03829
- U.S. District Court · Southern District of New York
- 4
In Calderon Ortiz v. Pace University, Judge Liman ordered service through Marshals for a fee-waived plaintiff and denied fee-waiver status for an appeal.
Ana Esther Calderon Ortiz and Pace University; the order directs the Clerk and U.S. Marshals Service to arrange service and imposes service and contact-notice obligations on Ortiz.
What happened
In Calderon Ortiz v. Pace University, Ana Esther Calderon Ortiz, representing herself, alleges that Pace University discriminated against her because of race, disability, and age. The court had allowed her to proceed without prepaying filing fees.
The court instructed the Clerk to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service so the Marshals could serve Pace University. The court extended the service deadline to 90 days after the summons is issued and stated that Ortiz must request an extension if service is not completed by then.
Judge Liman also stated that Ortiz must keep the court informed of changes to her address or electronic contact information. The court denied fee-waiver status for any appeal from this order, stating that such an appeal would not be taken in good faith.
The detailed version
- Calderon Ortiz v. Pace University · No. 1:23-cv-03829
- Lewis Liman
- Feb. 29, 2024
Background
Ana Esther Calderon Ortiz, who is proceeding pro se, meaning without a lawyer, sued Pace University alleging discrimination based on race, disability, and age. The court had previously granted her permission to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Service of the Complaint
Because Ortiz was granted IFP status, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The court instructed the Clerk of Court to issue a summons for Pace University, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s service address, and provide the necessary documents to the Marshals Service.
The court stated that the usual 90-day service period could not begin to operate before the court reviewed the complaint and ordered that the summons be issued. It therefore extended the service deadline to 90 days after the summons is issued. If the complaint is not served by that deadline, Ortiz must request an extension of time. Ortiz must also provide an address for service and notify the court in writing of any change to her address or electronic contact information. The court stated that it may dismiss the action if she does not provide that notice.
Disposition
The court ordered the Clerk to issue the summons and send the service materials to the U.S. Marshals Service. It also directed the Clerk to mail Ortiz an information package and allowed her to request electronic delivery of court documents. Judge Liman certified that an appeal from this order would not be taken in good faith and denied IFP status for the purpose of an appeal. The order does not decide the merits of Ortiz’s discrimination allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.