holding that it is the plaintiff’s responsibility to request an extension of time for service
How later courts described this case
- holding that it is the plaintiff’s responsibility to request an extension of time for service
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DESHANAE L. BROWN,
Plaintiff,
-against-
23-cv-9113 (ER)
NEW YORK CITY HUMAN RESOURCES
ORDER OF SERVICE
ADMINISTRATION; MOUSTAPHA BOUKARI;
FRANK AGBI; ASRA HORTON; LAURIE
MOORE; CANDI RUFUS,
Defendants.
EDGARDO RAMOS, United States District Judge:
Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964, the
American with Disabilities of 1990, the Family and Medical Leave Act of 1993, and the New
York State Human Rights Laws, alleging that Defendants discriminated against her based on her
color, sex, and disability. By order dated October 18, 2023, the Court granted Plaintiff’s request
to proceed in forma pauperis (“IFP”).
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)).
1 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses
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 summonses are issued.
To allow Plaintiff to effect service on Defendants the New York City Human Rights
Administration, Moustapha Boukari, Frank Agbi, Asra Horton, Laurie Moore, and Candi Rufus
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 Defendant. 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 Defendants.
If the complaint is not served within 90 days after the date the summonses are 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 summonses, complete the USM-285 form with
the addresses for the New York City Human Rights Administration, Moustapha Boukari, Frank
Agbi, Asra Horton, Laurie Moore, and Candi Rufus, 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.
man Ome 9 QL
EDGARDORAMOS/
United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
New York City Human Rights Administration
150 Greenwich Street, 3rd Floor
New York, New York 10006
Moustapha Boukari
109 E. 16th Street, 12th Floor
New York, New York 10003
Frank Agbi
305 Rider Avenue, 3rd Floor
Bronx, New York 10451
Asra Horton
305 Rider Avenue, 1st Floor
Bronx, New York 10451
Laurie Moore
1365 Jerome Avenue, 2nd Floor
Bronx, New York 10452
Candi Rufus
109 E. 16th Street, 12th Floor
New York, New York 10003