Perelman v. Visa USA, Inc.
Filing
7
ORDER OF SERVICE: The Clerk of Court is directed to issue a summons for Defendant, complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/27/2025) (jca) Transmission to Pro Se Assistants for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARK A. PERELMAN,
Plaintiff,
-against-
24 Civ. 9793 (JHR)
ORDER OF SERVICE
VISA USA, INC.,
Defendant.
JENNIFER H. REARDEN, 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. Code § 1981, the Americans with Disabilities Act of 1990, and the New
York State and City Human Rights Laws, alleging employment discrimination against Defendant
Visa USA, Inc. based on race, color, religion, sex, national origin, sexual orientation, age, and
disability. By order dated January 6, 2025, 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, 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).
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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
summons be issued. The Court therefore extends the time to serve until 90 days after the date
any summons issues.
To allow Plaintiff to effect service on Defendant Visa USA, Inc. 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 complaint is not served within 90 days of the date the summons is issued, then
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 such an extension).
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 directed to issue a summons for Defendant, complete the USM-285
form with the address for Defendant, and deliver all documents necessary to effect service to the
U.S. Marshals Service.
The Clerk of Court is further directed to mail an information package to Plaintiff.
SO ORDERED.
Dated:
January 27, 2025
New York, New York
JENNIFER H. REARDEN
United States District Judge
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SERVICE ADDRESS FOR DEFENDANT
Visa USA, Inc.
900 Metro Center Blvd.
Foster City, CA 94404
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