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S.D.N.Y.Procedural orderFiled Mar. 8, 2024

Szlosek v. NYS Office of the Attorney General

Judge
Edgardo Ramos
Docket
1:24-cv-00897
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedureEmploymentADA / DisabilityPro Se
In one sentence

In Szlosek v. NYS Office of the Attorney General, Judge Ramos ordered summons issuance and Marshals service for Szlosek’s fee-free discrimination case.

Who this affects

Donna E. Szlosek and the NYS Office of the Attorney General; the order directs the Clerk of Court and the U.S. Marshals Service to serve the defendant.

What happened

In Szlosek v. NYS Office of the Attorney General, Donna E. Szlosek sued her former employer, alleging age and disability discrimination and retaliation under federal, state, and city laws. She was proceeding without a lawyer and had permission to proceed without paying court fees in advance.

The court explained that because Szlosek had that permission, the court and the U.S. Marshals Service would handle service of the lawsuit. The court also extended the service deadline to 90 days after the summons is issued.

Judge Ramos ordered the Clerk of Court to issue the summons, prepare the service paperwork, and deliver the documents to the U.S. Marshals Service. The order did not decide whether Szlosek’s discrimination or retaliation claims were valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Szlosek v. NYS Office of the Attorney General · No. 1:24-cv-00897
Judge
Edgardo Ramos
Date
Mar. 8, 2024

Background

Donna E. Szlosek, proceeding without a lawyer, brought claims against the NYS Office of the Attorney General under the Age Discrimination in Employment Act, the Americans with Disabilities 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 because of her age and disability.

The court had previously granted Szlosek permission to proceed without paying court fees in advance. In such cases, federal law requires the court to order the U.S. Marshals Service to serve the defendant.

Order

The court instructed the Clerk of Court to issue a summons for the NYS Office of the Attorney General, complete the required service form with the defendant’s address, and deliver the necessary documents to the U.S. Marshals Service. The listed service address was 28 Liberty Street, 13th Floor, New York, New York 10005.

The court stated that the complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Szlosek should request more time. The court also required her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Disposition

The court entered an order of service. It did not rule on the merits of Szlosek’s age-discrimination, disability-discrimination, or retaliation claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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