Cooper v. SBH Health System

Background

Amber L. Cooper, who is proceeding without a lawyer, brought this action under Title VII of the Civil Rights Act of 1964 and state law. She alleges that her former employer discriminated and retaliated against her based on race and color, failed to provide proper compensation after a promotion, and terminated her employment after she requested a religious exemption from a COVID-19 vaccine. The court also construed the complaint as asserting claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law.

The court had previously granted Cooper permission to proceed without prepaying filing fees. In such cases, federal law and Federal Rule of Civil Procedure 4(c)(3) allow the plaintiff to rely on the court and the U.S. Marshals Service to complete service of process.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant and to issue summonses. The defendants identified for service were SBH Health System, David Perlstein, Keith Wolf, Manisha Kulshreshtha, and Karen Johnson. The Clerk was directed to deliver the summonses and other necessary papers to the U.S. Marshals Service.

The court extended the time for service until 90 days after the summonses are issued because Cooper could not serve the summonses and complaint before the court reviewed the complaint and ordered issuance of the summonses. The order states that Cooper should request an extension if service is not completed within that period. It also requires her to notify the court in writing if her address changes and states that the action may be dismissed if she fails to do so.

Disposition

Judge Margaret M. Garnett entered an order of service. The Clerk was directed to issue the summonses, complete the service forms, and provide the documents to the U.S. Marshals Service. The opinion does not resolve the merits of Cooper’s discrimination, retaliation, compensation, or other claims.