Opinion
20-CV-4507 (AT)
08-13-2020
MAHFOOZ AHMAD, Plaintiff, v. COLIN DAY; COURTNEY DUTTER; iCIMS INC., Defendants.
ORDER OF SERVICE :
Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e to 2000e-17; 42 U.S.C. § 1981; and the New York City and State Human Rights Laws, alleging that his employer discriminated against him based on his race, color, religion, and national origin. By order dated July 1, 2020, the Court granted Plaintiff's request to proceed in forma pauperis ("IFP").
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. 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 summonses and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summonses and complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date the summonses are issued. If the 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 Defendants Colin Day, Courtney Dutter, and iCIMS, 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 each of these defendants. 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 these defendants.
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
Plaintiff has consented to receive electronic service of Court documents. (ECF No. 3.)
The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Colin Day, Courtney Dutter, and iCIMS, Inc., and deliver to the U.S. Marshals Service all documents necessary to effect service on these defendants.
In light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings by email to Temporary_Pro_Se_Filing@nysd.uscourts.gov. Pro se parties who are unable to use email may submit documents by regular mail or in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300 Quarropas Street). For more information, including instructions on this new email service for pro se parties, please visit the Court's website at nysd.uscourts.gov. SO ORDERED. Dated: August 13, 2020
New York, New York
/s/_________
ANALISA TORRES
United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
1. Colin Day
101 Crawfords Corner Rd. #3-100
Holmdel, NJ 07733
2. Courtney Dutter
101 Crawfords Corner Rd. #3-100
Holmdel, NJ 07733
3. iCIMS, Inc.
101 Crawfords Corner Rd. #3-100
Holmdel, NJ 07733