Estarellas v. 1199 SEIU Benefit and Pension Funds

Background

Rosario Estarellas brought an action under the Employee Retirement Income Security Act and is representing herself. In an earlier order, the court granted her permission to proceed in forma pauperis, meaning she could proceed without prepaying court fees.

Service of process

Because Estarellas was proceeding without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve 1199 SEIU Benefit and Pension Fund. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary paperwork to the Marshals Service. The order lists the defendant’s service address as 498 Seventh Avenue, New York, New York 10018.

The court extended the service deadline until 90 days after the summons is issued because Estarellas could not have served the defendant before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, Estarellas should request an extension of time. She must also 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.

Ruling

Judge Mary Kay Vyskocil ordered the Clerk to issue the summons, prepare the service form, and provide the documents to the U.S. Marshals Service. The Clerk was also directed to mail Estarellas an information package. The order allowed her to request electronic delivery of court documents by completing a consent form. This order addressed service and case administration; it did not decide the merits of the Employee Retirement Income Security Act claims.