Williford v. Firework et al

Filing 10

ORDER OF SERVICE: 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 Firework (doing business as Loop Technologies) and Deborah Vue, complete the 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. (Signed by Judge Jennifer H. Rearden on 5/9/2024) (jca) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

5/9/2024

SALINA WILLIFORD,
Plaintiff,
24 Civ. 2335 (JHR)

-againstFIREWORK; HR CHIEF MS. DEBORAH
VUE,

ORDER OF SERVICE

Defendants.
JENNIFER H. REARDEN, United States District Judge:
Plaintiff brings this pro se action under 42 U.S.C. § 1981, 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. She alleges that her employer discriminated against
her based on her race and sex. By order dated April 29, 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. 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)).

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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 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 Firework (doing business as Loop
Technologies) and Deborah Vue 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 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 Firework (doing business as Loop
Technologies) and Deborah Vue, complete the 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:

May 9, 2024
New York, New York
JENNIFER
JENN
NIF
I ER H. REARDEN
United States District Judge

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DEFENDANT AND SERVICE ADDRESS FOR EACH DEFENDANT
Firework dba Loop Technologies
234 Seventh Avenue
San Mateo, CA 94401
Deborah Vue
Chief of Human Resources
Firework dba Loop Technologies
234 Seventh Avenue
San Mateo, CA 94401