Harris v. Cushman Wakefield, Inc.
- Paul Engelmayer
- 1:23-cv-08370
- U.S. District Court · Southern District of New York
- 3
In Harris v. Cushman Wakefield, Inc., Judge Engelmayer ordered U.S. Marshals service for Harris’s employment-discrimination lawsuit; no merits ruling was made.
Audra L. Harris and Cushman Wakefield, Inc.; the Clerk of Court and U.S. Marshals Service are directed to carry out service.
What happened
Harris v. Cushman Wakefield, Inc. is a lawsuit brought by Audra L. Harris without a lawyer against her employer. She asserts claims under federal, New York State, and New York City employment-discrimination laws, alleging discrimination and retaliation based on age and membership in a “protected class.”
The court had already allowed Harris to proceed without paying court fees in advance. Because she is proceeding without prepaying fees, the court explained that she may rely on the court and the U.S. Marshals Service to deliver the summons and complaint to Cushman Wakefield, Inc.
Judge Paul A. Engelmayer ordered the Clerk of Court to issue the summons, complete the service paperwork, and provide the necessary documents to the U.S. Marshals Service. The order requires service within 90 days after the summons is issued, or Harris should request more time; it does not decide whether her claims have merit.
The detailed version
- Harris v. Cushman Wakefield, Inc. · No. 1:23-cv-08370
- Paul Engelmayer
- Sept. 29, 2023
Background
Audra L. Harris brings this action without a lawyer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated and retaliated against her because of her age and membership in a “protected class.”
The court had previously granted Harris permission to proceed without prepaying court fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the defendant with the lawsuit papers.
Order
The court directed the Clerk of Court to issue a summons for Cushman Wakefield, Inc., complete the U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary paperwork to the Marshals Service. The opinion lists the service address as 1290 6th Ave., New York, NY 10104.
The order states that service must be completed within 90 days after the summons is issued. If service is not completed by then, Harris should request an extension of time. Harris must also notify the court in writing if her address changes, and the court may dismiss the action if she fails to do so.
Judge Paul A. Engelmayer’s order concerns service of process—the formal delivery of the lawsuit to the defendant. It does not decide the merits of Harris’s discrimination or retaliation claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.