Perelman v. Department of Treasury

Background

Mark A. Perelman brought this action against the U.S. Department of the Treasury under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. He alleges that the Department discriminated and retaliated against him based on race, color, religion, sex, national origin, and disability.

The court had previously granted Perelman permission to proceed in forma pauperis, meaning he could proceed without prepaying court fees. In such cases, the court and the U.S. Marshals Service can handle service of the summons and complaint.

Service Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the Department of the Treasury, identify service on the United States, issue a summons, and provide the Marshals Service with the documents needed to serve the defendant. The opinion lists service addresses for the United States, the Department of the Treasury, and the U.S. Attorney’s Office for the Southern District of New York.

The court explained that the usual 90-day service period runs from the filing of the complaint, but Perelman could not have served the complaint before the court reviewed it and ordered the summons issued. The court therefore extended the service period until 90 days after any summons is issued. If service is not completed within that period, Perelman should request more time. He must also notify the court in writing if his address changes, and the court may dismiss the action if he does not do so.

Disposition

The court ordered the Clerk to issue the summons, complete the service form, and deliver the necessary documents to the U.S. Marshals Service. It also directed the Clerk to mail Perelman an information package. The order addressed service only; it did not decide the merits of Perelman’s discrimination or retaliation claims.