Perelman v. Visa USA, Inc.

Background

Mark A. Perelman, proceeding without a lawyer, sued Visa USA, Inc. under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, and the New York State and New York City Human Rights Laws. He alleges employment discrimination based on race, color, religion, sex, national origin, sexual orientation, age, and disability.

The court previously granted Perelman's request to proceed without prepaying court fees. When a plaintiff receives that permission, federal law requires the court to arrange service of process through the U.S. Marshals Service rather than requiring the plaintiff to pay for service himself.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Visa USA, Inc., issue a summons, and deliver the documents needed for the Marshals Service to serve Visa. The opinion lists Visa's service address as 900 Metro Center Blvd., Foster City, California 94404.

The court explained that the usual 90-day service period runs from the date the complaint is filed, but a plaintiff proceeding without prepaying fees cannot complete service until the court reviews the complaint and orders a summons issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed by then, Perelman should request an extension of time.

The court also directed the Clerk to mail Perelman an information package. Perelman must notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.

Disposition and Scope

This order concerns service of the lawsuit and does not decide the merits of Perelman's discrimination allegations. Judge Jennifer H. Rearden signed the order on January 27, 2025.