Diallo v. Unlimited Care Inc.

Filing 7

ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendant Unlimited Care Inc., complete the USM-285 form with the address for that defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 6/5/2024) (mml) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FATOUMATA BINTA DIALLO,
Plaintiff,
-against-

24-CV-2771 (CS)
ORDER OF SERVICE

UNLIMITED CARE INC.,
Defendant.
CATHY SEIBEL, 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, alleging that her former employer discriminated
against her based on her pregnancy. By order dated June 4, 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 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 Unlimited Care Inc. through the U.S.
Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process

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 a
summons be issued. The Court therefore extends the time to serve until 90 days after the
summons is issued.
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Receipt and Return form (“USM-285 form”) for the 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 that defendant.
If the 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 Clerk of Court is instructed to issue a summons for Defendant Unlimited Care Inc.,
complete the USM-285 form with the address for that defendant, and deliver all documents
necessary to effect service to the U.S. Marshals Service.
The Clerk of Court is directed to mail an information package to Plaintiff.
SO ORDERED.
Dated:

June 5, 2024
White Plains, New York
CATHY SEIBEL
United States District Judge

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SERVICE ADDRESS FOR EACH DEFENDANT
Unlimited Care Inc.
733 Yonkers Avenue
Suite LL1
Yonkers, NY 10704