Parkes v. Soho House + Co. Inc.
Parkes v. Soho House + Co. Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TIFFANY ANNE PARKES, Plaintiff, 24-cv-3821 (RA) -against- ORDER OF SERVICE SOHO HOUSE & CO., INC., Defendant. RONNIE ABRAMS, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, the Age Discrimination in Employment Act of 1967,
29 U.S.C. §§ 621-634, the Americans with Disabilities Act,
42 U.S.C. §§ 12112-12117, the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 to 131, and the New York State Human Rights Law,
N.Y. Exec. Law §§ 290to 297, alleging that her employer discriminated against her based on her race, sex, age, and disability. By order dated May 28, 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 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
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 amended complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the amended 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. 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 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 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 Defendant. If the amended 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 motion “for case reassignment” is denied as moot, and the Clerk of Court is directed
to terminate it. (ECF 14.) The Clerk of Court is further instructed to: (1) issue a summons for Soho House & Co., Inc., complete the USM-285 form with the address for Defendant, 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 a Consent to Electronic Service form.2
2 If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail. SO ORDERED. Dated: May 9, 2025 (i / New York, New York □□ _ RONNIE ABRAMS United States District Judge
SERVICE ADDRESS FOR DEFENDANT Soho House & Co., Inc. 55 Water Street Brooklyn New York 11201
Reference
- Status
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