Ayala v. Sephora

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARIA J. AYALA, Plaintiff, 19-CV-10214 (JGK) -against- VALENTIN ORDER SEPHORA and JENNIFER RIVERA, Defendants.

JOHN G. KOELTL, United States District Judge: The plaintiff filed this pro se action alleging that the defendants discriminated against her on the basis of her disability, in violation of the Americans with Disabilities Act of 1990, and the New York State and New York City Human Rights Laws. By order dated November 7, 2019, the Court granted the plaintiff’s request to proceed in forma pauperis (IFP). The Court issued Orders of service on November 12, 2019, and February 21, 2020, but the U.S. Marshals Service has been unable to effect service at the store address where the plaintiff was employed, 2013 Broadway, New York, N.Y. 10023. The plaintiff recently wrote to the Court and reaffirmed her interest in litigating this case.

Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. 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 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)). Moreover, under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying and serving a defendant. See 121 F.3d 72, 76 (2d Cir. 1997).

In the complaint, the plaintiff supplies sufficient information to permit Sephora to identify and to provide service addresses for Defendants Sephora and Jennifer Rivera. It is therefore ordered that Sephora shall provide this information to the plaintiff and the Court within sixty days of the date of this Order. Upon receiving this information, the Court will issue a new service Order.

CONCLUSION The Clerk of Court is instructed to mail a copy of this order by certified mail to the Sephora New York Corporate Office at: Sephora, 11 East 57th Street, New York, N.Y. 10022. The Clerk of Court is further directed to mail a copy of this Order to the plaintiff,1 and note service on the docket.

1 In light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings by email to [email protected]. Pro se parties also are encouraged to consent to receive all court documents SO ORDERED.

Dated: August 28, 2020 New York, New York /s/ John G. Koeltl JOHN G. KOELTL United States District Judge electronically. A consent to electronic service form is available on the Court’s website. Pro se parties who are unable to use email may submit documents by regular mail or in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300 Quarropas Street). For more information, including instructions on this new email service for pro se parties, please visit the Court’s website at nysd.uscourts.gov.