Harris v. Kim et al

Filing 10

ORDER OF SERVICE: The Clerk of Court is directed to mail an information package to Plaintiff. Plaintiff has consented to receive electronic service of Court documents. (ECF No. 3.). The Clerk of Court is further instructed to issue a summons, complete the USM-285 forms with the address for Oscar de la Renta, LLC, and deliver to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. (Signed by Judge John G. Koeltl on 2/15/2021) (ks) Transmission to Pro Se Assistants for processing.

Case 1:20-cv-09235-JGK Document 10 Filed 02/15/21 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MELANIE HARRIS,
Plaintiff,
-against-

20-CV-9235 (JGK)
ORDER OF SERVICE

OSCAR DE LA RENTA, LLC,
Defendant.
JOHN G. KOELTL, 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 her former employer discriminated
against her based on her race. By order dated November 9, 2020, the Court granted Plaintiff’s
request to proceed in forma pauperis (“IFP”). 1
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 the summons and complaint be served within 90
days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the
summons and second amended complaint until the Court reviewed the second amended

1

By order dated December 7, 2020, Judge Louis L. Stanton directed Plaintiff to file an
amended complaint. (ECF No. 5.) On January 29, 2021, Plaintiff filed an amended complaint,
and on February 8, 2021, Plaintiff filed a second amended complaint. (ECF No. 7.) The second
amended complaint is the operative pleading.

Case 1:20-cv-09235-JGK Document 10 Filed 02/15/21 Page 2 of 4

complaint and ordered that a summons be issued. The Court therefore extends the time to serve
until 90 days after the date the summons is issued. If the second amended complaint is not served
within that time, 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); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010)
(“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the
defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an
extension of time within the meaning of Rule 4(m).”).
To allow Plaintiff to effect service on Defendant Oscar de la Renta, LLC 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 these defendants.
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. Plaintiff has
consented to receive electronic service of Court documents. (ECF No. 3.)

2

Case 1:20-cv-09235-JGK Document 10 Filed 02/15/21 Page 3 of 4

The Clerk of Court is further instructed to issue a summons, complete the USM-285
forms with the address for Oscar de la Renta, LLC, and deliver to the U.S. Marshals Service all
documents necessary to effect service.
SO ORDERED.
Dated:

February 15, 2021
New York, New York

/s/ John G. Koeltl
JOHN G. KOELTL
United States District Judge

3

Case 1:20-cv-09235-JGK Document 10 Filed 02/15/21 Page 4 of 4

DEFENDANT AND SERVICE ADDRESS
Oscar de la Renta, LLC
7523 113th Street 2G
New York, NY 10036-8002