Saiti v. Century Management

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISA SAITI, Plaintiff, 23-CV-9591 (JPO) -v- ORDER OF SERVICE CENTURY MANAGEMENT, Defendant.

J. PAUL OETKEN, United States District Judge: Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e to 2000e-17 and the New York State Human Rights Law, N.Y. Exec.

Law §§ 290 to 297, alleging that his employer discriminated against him based on his religion.

By order dated December 13, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (IIFP”).

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 (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 Century Management 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 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 is issued.

Receipt and Return form (““USM-285 form”) for 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 summons 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 instructed to: (1) complete the USM-285 form with the address for Century Management and deliver all documents necessary to effect service to the U.S. Marshals Service; and (2) mail an information package to Plaintiff.

Plaintiff may receive court documents by email by completing the attached form, Consent to Electronic Service.”

SO ORDERED.

Dated: December 15, 2023 New York, New York United States District Judge ? Tf Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

DEFENDANT AND SERVICE ADDRESS Century Management Ninth Avenue New York, N.Y. 10001