Burgara v. Jewish Board

Background

Guadalupe Burgara, who is proceeding without a lawyer, brought claims under the Americans with Disabilities Act of 1990 and the New York City Human Rights Law. She alleges that her employer, Jewish Board, discriminated against her based on her disability. The court had previously granted her permission to proceed without prepaying filing fees.

Service of Process

Because Burgara was allowed to proceed without prepaying fees, the court stated that she was entitled to assistance from the court and the U.S. Marshals Service in serving Jewish Board. Although the usual rule generally requires service within 90 days after the complaint is filed, the court noted that Burgara could not serve the defendant until the court reviewed the complaint and ordered the summonses issued. The court therefore extended the service deadline to 90 days after any summons is issued.

Order

Judge Robert W. Lehrburger directed the Clerk of Court to mail Burgara an information package, issue a summons for Jewish Board, complete the U.S. Marshals Service process form with the defendant's address, and deliver the necessary documents to the Marshals Service. The court stated that Burgara should request more time if the complaint is not served within 90 days after the summons is issued. The order 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. This order addressed service and case administration; it did not decide the merits of her discrimination claims.