Rota v. CP Unlimited of New York State

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: JOYCE ROTA, DATE FILED: 11/22/2023 Plaintiff, 23-CV-9675 (NSR) -against- ORDER OF SERVICE CP UNLIMITED OF NEW YORK STATE, Defendant.

NELSON S. ROMAN, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the New York State Human Rights Law, alleging that her former employer discriminated against her based on her age. By order dated November 3, 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.! 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).

' 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 the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons 1s issued.

To allow Plaintiff to effect service on Defendant CP Unlimited of New York State 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 this defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendant.

If the complaint is not served within 90 days after the date the summons is 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 a summons for CP Unlimited of New York State, complete the USM-285 forms with the address for this defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is further directed to mail a copy of this order and an information package to Plaintiff at the address listed on ECF and to show service on the docket.

SO ORDERED.

Dated: November 22, 2023 White Plains, New York NELSON S. ROMÁN United States District Judge DEFENDANT AND SERVICE ADDRESS CP Unlimited of New York State Mt. Ebo Road South, Ste. 2 Brewster, New York 10509