Obah v. Bronxworks

Background

Patrick Obah, proceeding without a lawyer, brought claims against BRONXWORKS under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged discrimination based on race, color, and national origin. The court had previously granted his request to proceed without paying filing fees.

Service of the lawsuit

Because Obah was allowed to proceed without paying filing fees, the court determined that he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for BronxWorks, and provide the Marshals Service with the documents needed to make service.

Federal Rule of Civil Procedure 4 generally requires service within 90 days, but the court explained that Obah could not have served the complaint before the court reviewed it and issued the summons. The court therefore extended the service period until 90 days after the summons was issued. If service is not completed within that period, Obah should request an extension of time. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he does not do so.

Disposition

Judge Lewis J. Liman ordered the Clerk of Court to mail Obah an information package, issue the summons, complete the service form using BronxWorks’s listed address at 630 Jackson Avenue, Bronx, New York 10455, and deliver the necessary documents to the U.S. Marshals Service. The order addressed service procedures and did not rule on the merits of Obah’s discrimination claims.