Oglivie v. Spar Marketing Force, Inc.

Background

Ayisha G. Oglivie, who is representing herself, brought an action under the Americans with Disabilities Act of 1990. She alleges that her employer, Spar Marketing Force, Inc., discriminated against her because of her disability. The court had previously granted Oglivie permission to proceed without prepaying filing fees.

Service of Process

Because Oglivie was allowed to proceed without prepaying fees, the court said she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Spar Marketing Force, Inc., and deliver the necessary paperwork to the Marshals Service.

The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Oglivie should ask for an extension of time. The court also directed Oglivie to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Ruling

Judge Vernon S. Broderick entered an order directing the Clerk of Court to issue the summons, prepare the service form, and provide the documents to the U.S. Marshals Service. The order addresses service procedures and does not decide whether Oglivie's disability-discrimination allegations have merit.