Borjas v. New York City Department of Education
- Ona Wang
- 1:23-cv-10829
- U.S. District Court · Southern District of New York
- 3
In Borjas v. New York City Department of Education, Judge Torres ordered U.S. Marshals to serve defendants after allowing Stacy A. Borjas to proceed without prepaying fees.
Stacy A. Borjas, the New York City Department of Education, Tiawanna Perez, Victor Garcia, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Borjas v. New York City Department of Education, Stacy A. Borjas, representing herself, sued under federal, New York State, and New York City laws. She alleges that her former employer discriminated and retaliated against her because of her sex and disability.
The court had previously allowed Borjas to proceed without prepaying filing fees. Because of that authorization, the court ordered the Clerk to prepare summonses and service forms for the New York City Department of Education, Tiawanna Perez, and Victor Garcia, and send the necessary papers to the U.S. Marshals Service.
Judge Torres ordered service through the Marshals Service and stated that Borjas should request more time if service is not completed within 90 days after the summonses are issued. The order did not decide whether her discrimination or retaliation claims were valid.
The detailed version
- Borjas v. New York City Department of Education · No. 1:23-cv-10829
- Ona Wang
- Mar. 4, 2024
Background
Stacy A. Borjas is proceeding without a lawyer and brings claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her former employer discriminated and retaliated against her based on sex and disability.
The court notes that, in an order dated January 12, 2024, it allowed Borjas to proceed without prepaying court fees. A person granted that status may rely on the court and the U.S. Marshals Service to serve the defendants.
Order
The court directed the Clerk of Court to issue summonses for the New York City Department of Education, Tiawanna Perez, and Victor Garcia; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and deliver the required documents to the Marshals Service. The listed service addresses were provided for each defendant.
The court stated that if the complaint is not served within 90 days after the summonses are issued, Borjas should request an extension of time. It also required her to notify the court in writing if her address changes and warned that the court may dismiss the action if she fails to do so. The Clerk was also directed to mail Borjas an information package.
Result
This was an order arranging service of the complaint, not a decision on the merits of Borjas’s discrimination or retaliation claims. Judge Analisa Torres ordered the Clerk and Marshals Service to take the specified steps to serve the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.