Panton v. Urban Home Ownership Corporation

Background

Robert Panton, who is representing himself, alleges that his employer discriminated against him because of his religion. The court construed the complaint as asserting claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law against Urban Home Ownership Corporation and Paul Moore.

The court had previously granted Panton permission to proceed without prepaying filing fees. That status allows a plaintiff to rely on the court and the U.S. Marshals Service to serve the defendants.

Service Instructions

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue a summons for each defendant, and deliver the necessary paperwork to the Marshals Service. The service addresses listed in the order were for Urban Home Ownership Corporation and Paul Moore at 494 Eighth Avenue, 19th Floor, New York, New York 10001.

The court explained that although the Federal Rules of Civil Procedure generally require service within 90 days after filing, Panton could not serve the defendants until the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Panton was instructed to request an extension of time. He was also required to notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Ruling

Judge Dale E. Ho ordered the Clerk of Court to issue the summonses, complete the service forms, and send the documents to the U.S. Marshals Service. The court also directed the Clerk to mail Panton an information package. The order concerns only service of process—the formal delivery of the lawsuit papers—and does not rule on the merits of Panton’s discrimination claims.