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S.D.N.Y.Procedural orderFiled Oct. 25, 2024

Reyes Sr. v. Solar Energy System

Judge
Vernon Broderick
Docket
1:24-cv-07631
Court
U.S. District Court · Southern District of New York
Pages
3
Civil RightsEmploymentCivil ProcedurePro Se
In one sentence

Reyes Sr. v. Solar Energy System: Judge Broderick ordered U.S. Marshals service of the complaint but did not decide the discrimination claims.

Who this affects

Edwin Reyes, Sr.; Solar Energy System; the Clerk of Court; and the U.S. Marshals Service.

What happened

In Reyes Sr. v. Solar Energy System, Edwin Reyes, Sr., who is representing himself, alleges that his employer discriminated against him because of his race and national origin. He sued under federal and New York civil-rights laws.

The court had allowed Reyes to proceed without paying filing fees upfront. Because of that decision, the court directed the Clerk of Court and the U.S. Marshals Service to issue a summons and serve Solar Energy System. The order also extended the service deadline to 90 days after the summons is issued.

Judge Vernon S. Broderick did not decide whether the alleged discrimination occurred or whether Reyes’s claims were legally valid. He ordered the Clerk to prepare the service paperwork, mail Reyes an information package, and warned Reyes to notify the court if his address changes.

The detailed version

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

Case
Reyes Sr. v. Solar Energy System · No. 1:24-cv-07631
Judge
Vernon Broderick
Date
Oct. 25, 2024

Background

Edwin Reyes, Sr., proceeding without a lawyer, filed claims under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. The court also read the complaint as potentially asserting claims under the New York State Human Rights Law and the New York City Human Rights Law. Reyes alleges that his employer discriminated against him based on race and national origin.

The court had previously granted Reyes permission to proceed without prepaying filing fees. In such cases, federal law requires the court to order service by the U.S. Marshals Service.

Order

The court instructed the Clerk of Court to issue a summons for Solar Energy System, complete a U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve the defendant. The order states that the complaint must be served within 90 days after the summons is issued. If service is not completed by then, Reyes should ask for more time.

The service-address section lists Solar Energy Systems LLC at 1205 Manhattan Avenue, Suite 1210, Brooklyn, New York 11222. The court also directed the Clerk to mail Reyes an information package and warned that Reyes must notify the court in writing if his address changes.

Disposition and Scope

This was an order arranging service of the lawsuit. The court did not rule on the merits of Reyes’s discrimination allegations, and the opinion does not state that any claim was dismissed or finally resolved.

The authoritative version

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

Open opinion PDF →
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