Acosta v. Ross

Background

Michael Anthony Acosta, who is representing himself, brought claims under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. He alleges that his employer discriminated against him based on race, color, religion, and disability. The court also construed the complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law.

The court had previously granted Acosta permission to proceed without prepaying filing fees. Because he was proceeding without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants.

Service of process

The court instructed the Clerk of Court to issue summonses for Related Management Co., L.P., Steven M. Ross, David Katz, and Lauren Geer; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and deliver the necessary paperwork to the Marshals Service. The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Acosta should request an extension of time.

The order also directed the Clerk to mail Acosta an information package. Acosta was required to notify the court in writing if his address changes, and the court stated that the action may be dismissed if he fails to do so. The court offered Acosta the option of consenting to receive court documents electronically instead of by regular mail.

Disposition

This order addresses service and case administration; it does not decide the merits of Acosta’s discrimination claims. The court directed the Clerk to issue the summonses and arrange Marshals service. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.