Quick v. D'Agostino's Supermarket Franchise

Background

Desmond Quick filed the action while incarcerated and is representing himself. He seeks damages under 42 U.S.C. § 1983. The court understood the complaint as also asserting claims under 42 U.S.C. § 1981 and state law.

The defendants are identified as “Dagostinos Supermarket Franchise,” which the court said appears to be D’Agostino Supermarkets, Inc., and Russell Slick Watson, identified as the manager of the D’Agostino’s store at 633 Columbus Avenue in New York, New York.

Prior Fee-Waiver Order

In an earlier order dated December 11, 2024, the court allowed Quick to proceed without paying filing fees in advance. The opinion notes that incarcerated people still must pay the full filing fee over time, even when granted this permission.

Service Order

Because Quick was allowed to proceed without prepaying fees, the court said he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court directed the Clerk of Court to issue summonses for both defendants, complete a separate USM-285 service form for each, and provide the summonses, complaint, and other necessary documents to the U.S. Marshals Service.

The court extended the service period so that the 90-day period begins after the summonses are issued. If the complaint is not served within that period, Quick should request an extension of time. The court also required Quick to notify it in writing of any address change and stated that the action may be dismissed if he fails to do so.

Disposition

Judge Jeannette A. Vargas directed the Clerk of Court to mail Quick an information package and directed service on the defendants. This order addresses service of the lawsuit; it does not decide the merits of Quick’s federal or state-law claims.