Perez v. Westchester Community Opportunity Program

Background

Erica Sophia Perez, proceeding without a lawyer, brought claims under the Americans with Disabilities Act of 1990 and the New York State Human Rights Law. She alleges that her employer, Westchester Community Opportunity Program, discriminated against her because of her disability. The court had previously granted Perez permission to proceed without prepaying filing fees.

Service of the Lawsuit

Because Perez was allowed to proceed without prepaying fees, federal law permits her to rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that Perez could not have served the defendant before the court reviewed the complaint and ordered that summonses be issued. It therefore extended the service period to 90 days after the summons is issued.

Order

The court directed the Clerk of Court to issue a summons for Westchester Community Opportunity Program, complete the U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary documents to the Marshals Service. The court also directed the Clerk to mail Perez an information package. If service is not completed within 90 days after the summons is issued, Perez should ask for more time. Perez must 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.

Judge Philip M. Halpern’s order addressed service of process only. It did not decide the merits of Perez’s disability-discrimination claims.