Diallo v. Unlimited Care Inc.

Background

Fatoumata Binta Diallo is proceeding without a lawyer and brings this action under Title VII of the Civil Rights Act of 1964. She alleges that her former employer, Unlimited Care Inc., discriminated against her because of her pregnancy. In an order dated June 4, 2024, the court granted Diallo permission to proceed without paying filing fees in advance.

Service of the Complaint

Because Diallo was allowed to proceed without prepaying fees, she may rely on the court and the U.S. Marshals Service to serve Unlimited Care Inc. The court explained that federal law requires the court to issue and serve process in cases proceeding under this fee-waiver procedure, and that the Federal Rules of Civil Procedure require the court to order Marshals Service when a plaintiff has received this permission.

The court extended the time for service until 90 days after the summons is issued because Diallo could not have served the defendant before the court reviewed the complaint and ordered the summons. If service is not completed within that period, Diallo should request an extension of time.

Order

Judge Cathy Seibel instructed the Clerk of Court to issue a summons for Unlimited Care Inc., complete the U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary documents to the U.S. Marshals Service. The listed service address is 733 Yonkers Avenue, Suite LL1, Yonkers, New York 10704. The Clerk was also directed to mail Diallo an information package.

Diallo must notify the court in writing if her address changes. The order states that the court may dismiss the action if she fails to do so. The court did not decide the merits of Diallo’s pregnancy-discrimination allegations.