Herschman v. DeCicco of Katonah, LLC

District Court, S.D. New York

Herschman v. DeCicco of Katonah, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VICKI HERSCHMAN, Plaintiff, 22-CV-8890 (KMK) -against- ORDER OF SERVICE DeCICCO OF KATONAH, LLC; JAMES CAPRIOTTI; AND CHRISTINA DeCICCO, Defendants. KENNETH M. KARAS, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e to 2000e-17, the Age Discrimination in Employment Act of 1967 (ADEA),

29 U.S.C. §§ 621-634

, and the New York State Human Rights Law,

N.Y. Exec. Law §§ 290

to 297, alleging that her former employer discriminated against her based on her race, color, religion, and age. (See Compl. (Dkt. No. 2).) By order dated October 25, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. (See Dkt. No. 3.) 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

1 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons 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. 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)). To allow Plaintiff to effect service on Defendants DeCicco of Katonah, LLC, James Capriotti, and Christina DeCicco 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 each defendant. 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 issue summonses for Defendants DeCicco of Katonah, LLC, James Capriotti, and Christina DeCicco, complete the USM-285 forms with the addresses for these Defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is also directed to mail an information package to Plaintiff. SO ORDERED. Dated: October 27, 2022 White Plains, New York

KENNETH M. KARAS United States District Judge DEFENDANTS AND SERVICE ADDRESSES DeCicco of Katonah, LLC 230 Congers Road New City, NY 10956 James Capriotti 180 S. Main Street New City, NY 10956 Christina DeCicco 230 Congers Road New City, NY 10956

Reference

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