Suarez v. New York County District Attorney's Office

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANNABELLE SUAREZ, Plaintiff, -against- 22 Civ. 10855 (PGG) NEW YORK COUNTY DISTRICT ORDER OF SERVICE ATTORNEY’S OFFICE; NITIN SAVUR; NICOLE ORTSMAN-DAUER; GEORGE ARGYROS; INA CHEN, Defendants. PAUL G. GARDEPHE, U.S.D.J.: Plaintiff brings this pro se action under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12112-12117, the New York State Human Rights Law, N.Y. Exec. Law §§ 290 to 297, and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 to 131, alleging that her employer discriminated against her based on her disability. By order dated January 17, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on the Court and the U.S. Marshals Service to effect service.1 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all

1 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendants the New York County District Attorney’s Office, Nitin Savur, Nicole Ortsman-Dauer, George Argyros, and Ina Chen through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for these Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for

the Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if her address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to issue summonses, complete the USM-285

forms with the addresses for the New York County District Attorney’s Office, Nitin Savur, Nicole Ortsman-Dauer, George Argyros, and Ina Chen, and deliver all documents necessary to effect service to the U.S. Marshals Service. Dated: New York, New York January 26, 2023 SO ORDERED. a tarotoobe Paul G. Gardephe United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

New York County District Attorney’s Office 1 Hogan Place New York, New York 10013 Nitin Savur New York County District Attorney’s Office 1 Hogan Place, Room 856 New York, New York 10013 Nicole Ortsman-Dauer New York County District Attorney’s Office 1 Hogan Place, Room 859 New York, New York 10013 George Argyros New York County District Attorney’s Office 40 Worth Street, Room SW927 New York, New York 10013 Ina Chen New York County District Attorney’s Office 40 Worth Street, Room SE901 New York, New York 10013