Rivera v. Target Corporation
- James Oetken
- 1:24-cv-06965
- U.S. District Court · Southern District of New York
- 5
In Rivera v. Target Corporation, Magistrate Judge Aaron ordered Marshals Service delivery after allowing Rivera to proceed without paying fees.
Alondra Y. Rivera and the named defendants: Target Corporation, Roundel, Quinn Nelson, Allison Franklin, Lyonna Jackson, Kathleen Henry, Sidra Khan, Helen Kwon, Erin Sieling, and Kelly Roque.
What happened
Alondra Y. Rivera, representing herself, brought claims under federal and New York employment, disability, and family-leave laws against Target Corporation and nine other named defendants. The court had already allowed Rivera to proceed without paying filing fees.
The order directs the Clerk of Court to issue summonses, prepare service forms, and provide the necessary documents to the U.S. Marshals Service so the defendants can be served. It also extends the service deadline to 90 days after the summonses are issued.
Magistrate Judge Stewart D. Aaron issued the order of service. The order does not decide whether Rivera’s claims are legally valid; it addresses service of the lawsuit and related instructions, including Rivera’s obligation to report an address change.
The detailed version
- Rivera v. Target Corporation · No. 1:24-cv-06965
- James Oetken
- Sept. 20, 2024
Background
Alondra Y. Rivera filed this self-represented lawsuit under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, and the New York State and New York City Human Rights Laws. The opinion states that, in an order dated September 18, 2024, the court allowed Rivera to proceed without paying filing fees.
The defendants named for service are Target Corporation, Roundel, Quinn Nelson, Allison Franklin, Lyonna Jackson, Kathleen Henry, Sidra Khan, Helen Kwon, Erin Sieling, and Kelly Roque.
Order
Because Rivera was allowed to proceed without paying filing fees, the court stated that she was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court extended the usual service period so that Rivera must serve the defendants within 90 days after summonses are issued.
The Clerk of Court was directed to issue summonses for each listed defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the service addresses provided in the opinion, and give the Marshals Service the documents needed to complete service. The Clerk was also directed to mail Rivera an information package.
If the complaint is not served within 90 days after the summonses are issued, the order states that Rivera should request an extension of time. Rivera may also agree to receive documents by email by completing the attached consent form. The order requires Rivera to notify the court in writing if her address changes and states that the court may dismiss the action if she fails to do so.
Ruling and significance
Magistrate Judge Stewart D. Aaron issued an order of service directing the Clerk and the U.S. Marshals Service to facilitate service on the named defendants. The opinion does not rule on the merits of Rivera’s claims or state whether any defendant is liable.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.