AlSariaa v. Tempositions, Inc.

Background

Noora Dhafir Alsariaa is proceeding without a lawyer and alleges that her employer discriminated against her based on her national origin under Title VII of the Civil Rights Act of 1964. The court also construed her complaint as asserting claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law.

The court had previously allowed Alsariaa to proceed without prepaying filing fees. Because both the complaint and amended complaint contained facts supporting her claims, the court treated both documents as the operative pleading in the action.

Service ruling

The court explained that a plaintiff who is allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendant. It directed the Clerk of Court to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for TemPositions Inc. School Professionals, and deliver the summonses and the complaint materials to the Marshals Service.

The court extended the time for service until 90 days after any summonses issue. It stated that if service is not completed within that period, Alsariaa should request an extension. The Clerk was also directed to mail Alsariaa an information package. The order warned that she must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so.

Disposition and scope

Judge Edgardo Ramos ordered service of the operative pleadings. The opinion is an administrative and procedural order concerning service; it does not decide the merits of Alsariaa’s discrimination claims.