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S.D.N.Y.Procedural orderFiled June 21, 2024

Paray v. VHF Inc.

Judge
Rearden
Docket
1:24-cv-04526
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureEmploymentPro Se
In one sentence

In Paray v. VHF Inc., Judge Rearden ordered the Marshals Service to serve defendants after Paray was allowed to proceed without prepaid fees.

Who this affects

Vena Paray and the defendants VHF Inc., Nicolas Rohde, and Mohamed Soliman; the Clerk of Court and U.S. Marshals Service must take the service-related actions ordered.

What happened

In Paray v. VHF Inc., Vena Paray, representing herself, sued VHF Inc., Nicolas Rohde, and Mohamed Soliman under federal and New York laws alleging discrimination based on race and religion.

The court had already allowed Paray to proceed without paying filing fees upfront. Because of that, the Clerk had to issue summonses and provide the necessary papers to the U.S. Marshals Service for service on the three defendants. The court extended the service deadline to 90 days after the summonses are issued.

Judge Jennifer H. Rearden ordered the Clerk to prepare the service forms, issue the summonses, and send the documents to the Marshals Service. The order also told Paray to request more time if service is not completed within 90 days and to notify the court in writing of any address change.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Paray v. VHF Inc. · No. 1:24-cv-04526
Judge
Rearden
Date
June 21, 2024

Background

Vena Paray, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She alleges discrimination based on race and religion against VHF Inc., Nicolas Rohde, and Mohamed Soliman.

In an order dated June 13, 2024, the court allowed Paray to proceed without paying fees upfront. This status is commonly called permission to proceed in forma pauperis. The present order concerns service of the lawsuit, not whether Paray's discrimination claims are valid.

Service of Process

Because Paray was allowed to proceed without prepaying fees, the court explained that she was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court extended the usual 90-day service period so that it would run from the date the summonses are issued, rather than from the date the complaint was filed.

The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to serve VHF Inc., Nicolas Rohde, and Mohamed Soliman. The opinion lists the service address for each defendant as VHF Inc., 80 Davids Drive, Hauppauge, New York 11788.

Conclusion and Effect

The court entered an order of service. It directed the Clerk to mail Paray an information package and to arrange for service through the Marshals Service. If service is not completed within 90 days after the summonses are issued, Paray was told to request an extension. She was also required to notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so. Judge Jennifer H. Rearden did not rule on the merits of the alleged discrimination claims in this order.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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