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.

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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). 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 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 2 SERVICE ADDRESS FOR DEFENDANT Visa USA, Inc. 900 Metro Center Blvd. Foster City, CA 94404

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