Paray v. VHF Inc.

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK pate FILED: □ 0/21/2024 VENA PARAY, Plaintiff, Civ. 4526 (JHR) -against- ORDER OF SERVICE VHF INC. et al., Defendants.

JENNIFER H. REARDEN, District Judge: Plaintiff, proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII’), 42 U.S.C. §§ 2000 to 2000e-17, and the New York State Human Rights Law, N.Y. Exec. Law §§ 290 to 297, for discrimination based on race and religion. By Order dated June 13, 2024, 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 assistance from the Court and the U.S. Marshals Service to effect service.! Walker v. Schult, 717 F.3d. 119, 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, see Fed. R. Civ. P. 4(m), Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

To allow Plaintiff to effect service on Defendants VHF Inc., Nicolas Rohde, and Mohamed Soliman 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 of the paperwork necessary for the Marshals Service to effect service upon Defendants.

If the complaint is not served within 90 days after the date 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 mail an information package to Plaintiff.

The Clerk of Court is further instructed to issue summonses for Defendants VHF Inc., Nicolas Rohde, and Mohamed Soliman, complete a USM-285 form with the address for each Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service.

SO ORDERED.

Dated: June 21, 2024 New York, New York Sor p Poa, den, | a H. REARDEN United States District Judge SERVICE ADDRESS FOR EACH DEFENDANT VHF Inc. Davids Drive Hauppauge, NY 11788 Nicolas Rohde VHF Inc. Davids Drive Hauppauge, NY 11788 Mohamed Soliman VHF Inc. Davids Drive Hauppauge, NY 11788