Chamberlain v. Splashlight, LLC

UNITED STATES DISTRICT COURT D DO AC TE # : F ILED: 11/30/2 023 SOUTHERN DISTRICT OF NEW YORK LUCAS CONE CHAMBERLAIN, Plaintiff, 23-CV-6318 (VEC) -against- ORDER OF SERVICE SPLASHLIGHT, LLC; MICHAELA KREBS; BIJOU SUMMERS, Defendants.

VALERIE CAPRONI, United States District Judge: Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws, alleging that his former employer discriminated against him based on his sex. By order dated July 26, 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, he 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 0F (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).

To allow Plaintiff to effect service on Defendant Michaela Krebs through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process 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.

Receipt and Return form (““USM-285 form”) for that 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 that 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 his 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, complete the USM-285 forms with the following address for Michaela Krebs (225 Halsey St., Apartment #4, Brooklyn, NY 11216, see Dkt. 19) and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is further directed to mail an information package to Plaintiff.

SO ORDERED.

Dated: November 30, 2023 New York, New York \ Qe (c VALERIE CAPRONI United States District Judge