Summary
ordering defendant TGI Fridays to provide a service address for managers to pro se plaintiff
Summary of this case from Itwaru v. N.Y.C. Dep't of Health & Mental HygieneOpinion
7:23-CV-8028 (KMK)
10-19-2023
JOHN L. PETEREC, Plaintiff, v. TGI FRIDAYS, INC., et al., Defendants.
ORDER OF SERVICE
KENNETH M. KARAS, United States District Judge:
Plaintiff John L. Peterec, who appears pro se, brings this Action asserting claims of age discrimination and retaliation under the Age Discrimination in Employment Act of 1967, as well as such claims under the New York State Human Rights Law. He seeks damages, backpay, and costs, and sues the following defendants: (1) TGI Fridays, Inc.; (2) “D.B.A. Wow Bao”; (3) TGI Fridays; (4) TriArtison Capital Advisors; (5) TriArtison Capital Partners; (6) Sentinel Capital Partners; (7) TGI Fridays Franchisor, LLC; (8) TGI Fridays, LLC; (9) Ray Blanchette; (10) Robert B. Cook; (11) Rohit Manocha; (12) David Alvarez, a TGI Fridays restaurant manager; (13) “Renee' (John Doe),” a TGI Fridays restaurant manager; (14) “John (Area Manager; As John Doe),” a TGI Fridays area manager; (15) “John Doe,” an unidentified defendant with an unspecified title; and (16) “Jane Doe,” and unidentified defendant with an unspecified title.
By Order dated October 4, 2023, the court granted Plaintiff's request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The Court directs service on TGI Fridays Franchisor, LLC. The Court also directs counsel for that Defendant to provide to Plaintiff and the Court the service address for Defendant Alvarez, as well as the identities and service addresses for unidentified Defendants “Renee' (John Doe)” and “John (Area Manager; As John Doe).” In addition, while the Court does not direct service on any of the other Defendants, the Court grants Plaintiff leave to file an amended complaint with the respect to those Defendants. The Court further refers Plaintiff to the New York Legal Assistance Group's legal clinic within this judicial district.
DISCUSSION
A. Service on TGI Fridays Franchisor, LLC
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 § 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 a summons be served within 90 days of the date the Complaint is filed, Plaintiff is proceeding IFP and could not have served a summons and the Complaint on TGI Fridays Franchisor, LLC, until the Court reviewed the Complaint and ordered that a summons be issued for that defendant. The Court therefore extends the time to serve TGI Fridays Franchisor, LLC, until 90 days after the date that a summons is issued for that defendant.
To allow Plaintiff to effect service on TGI Fridays Franchisor, LLC, 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 that defendant. The Clerk of Court is further instructed to issue a summons for TGI Fridays Franchisor, LLC, 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 on TGI Fridays Franchisor, LLC, within 90 days after the date the summons is issued for that Defendant, 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 his address changes, and the Court may dismiss the action if Plaintiff fails to do so.
B. Defendants Alvarez, “Renee' (John Doe),” and “John (Area Manager; As John Doe)”
Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court with respect to discovering a defendant's service address, as well as with identifying an unidentified defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the Complaint, Plaintiff supplies sufficient information to permit counsel for TGI Fridays Franchisor, LLC, to provide Plaintiff and the Court with the service address for Defendant Alvarez, as well as with the identities and service addresses for Defendants “Renne (John Doe)” and “John (Area Manager; As John Doe).” Defendant Alvarez is alleged to have been a manager of a TGI Fridays restaurant located at 23 Crystal Run Crossing, in Middletown, New York, while Plaintiff worked there between January 6, 2022, and January 23, 2023, and may have been transferred to another TGI Fridays restaurant during that period. Defendant “Renee (John Doe)” is alleged to have also been a manager of the TGI Fridays restaurant located at 23 Crystal Run Crossing, in Middletown, New York, while Plaintiff worked there during the abovementioned period. Defendant “John (Area Manager; As John Doe)” is alleged to have been the TGI Fridays area manager for the area that included the TGI Fridays restaurant located at 23 Crystal Run Crossing, in Middletown, New York, during the abovementioned period. It is therefore ordered that counsel for TGI Fridays Franchisor, LLC, must ascertain the service address for Defendant Alvarez, as well as the identities and service addresses for the other two unidentified Defendants mentioned in this paragraph. Counsel for TGI Fridays Franchisor, LLC, must provide this information to Plaintiff and the Court within 60 days of the date of this order.
Within 30 days of receiving this information, Plaintiff must file an amended complaint in which he provides the service address for Defendant Alvarez as well as the identities and service addresses for the unidentified Defendants mentioned within this section of this Order. The amended complaint will replace, not supplement, the original Complaint. An amended complaint form that Plaintiff should complete is attached to this Order. Once Plaintiff has filed an amended complaint, the Court will determine whether the information is sufficient to issue an order directing service on Defendant Alvarez as well as on the newly identified defendants.
C. The Other Defendants
Plaintiff does not allege any facts showing how any of the Defendants, other than TGI Fridays Franchisor, LLC, Defendant Alvarez, and the other unidentified Defendants mentioned in the preceding section of this Order were involved with any of the alleged discrimination and/or retaliation upon which he bases his claims for relief. Thus, the Court will not direct service on any of those other defendants. The Court will, however, grant Plaintiff leave to file an amended complaint to allege facts showing how those other Defendants were somehow involved with the alleged discrimination and/or retaliation upon which he bases his claims for relief.
Plaintiff may include such facts in the same amended complaint in which he includes Defendant Alvarez's service address and names the newly identified Defendants mentioned as unidentified Defendants in the preceding section of this Order, as well as those Defendants' service addresses.
D. New York Legal Assistance Group
Plaintiff may consider contacting the New York Legal Assistance Group's (“NYLAG”) Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this court. The clinic is operated by a private organization; it is not part of, or operated by, the Court. It cannot accept filings on behalf of the Court, which must still be made by any pro se party through the court's Pro Se Intake Unit. A copy of the flyer with details of the NYLAG clinic is attached to this Order.
CONCLUSION
The Court directs the Clerk of Court to mail an information package to Plaintiff.
The Court also directs the Clerk of Court to issue a summons for Defendant TGI Fridays Franchisor, LLC, complete a USM-285 form with the address for that defendant, and deliver all documents necessary to effect service on that Defendant to the U.S. Marshals Service.
The Court further directs the Clerk of Court to mail a copy of this order to TGI Fridays Franchisor, LLC, at 19111 Dallas Parkway, Dallas, Texas 75287.
An amended complaint form for employment discrimination actions and a flyer from NYLAG are attached to this order.
SO ORDERED.