Phillips v. United Food and Commercial Workers Union Local 2013

Background

Clio Phillips is proceeding without a lawyer and has permission to proceed without paying filing fees in advance. She alleges that her former employer discriminated against her because of her race, color, and nationality. The court construed the amended complaint as asserting employment-discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. The court also construed the amended complaint as asserting claims against United Food and Commercial Workers Local 2013 under the National Labor Relations Act.

The opinion recounts that the case was previously dismissed after the court believed Phillips had not filed an amended complaint. After Phillips reported that she had filed one, the court gave her additional time to resubmit it. Phillips filed the amended complaint on June 25, 2024, and the action was reopened on September 17, 2024.

Adding Bayberry as a Defendant

The court stated that federal employment-discrimination claims may be brought only against an individual’s employer. Phillips appeared to seek claims against Bayberry Rehabilitation and Care Center, but she had not named Bayberry as a defendant. Under Rule 21 of the Federal Rules of Civil Procedure, a court may add or remove a party during a case.

Because of Phillips’s status as a self-represented litigant and her likely intention to assert claims against Bayberry, the court directed the Clerk of Court to amend the caption and add Bayberry Rehabilitation and Care Center as a defendant. The court stated that this addition was without prejudice to any defenses Bayberry may raise.

Service of Process

Because Phillips was allowed to proceed without paying filing fees in advance, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to prepare a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the necessary documents to the Marshals Service.

The defendants identified for service were United Food and Commercial Workers Union Local 2013, Leonard Russ, Linda Meyer Russ, and Bayberry Rehabilitation and Care Center. The court stated that if service was not completed within 90 days after the summonses were issued, Phillips should request more time. It also directed Phillips to notify the court in writing if her address changes and stated that the case could be dismissed if she failed to do so.

Disposition

The court directed the Clerk of Court to add Bayberry as a defendant under Rule 21, issue summonses for each defendant, prepare the service forms, deliver the required documents to the U.S. Marshals Service, and mail Phillips an information package. The order did not decide the merits of Phillips’s claims.