Caston v. Chemprene LLC

Background

Matthew H. Caston brought the action without a lawyer against Chemprene LLC (Ammega Group – Parent Company), Thomas Jozefowicz, and David Ryan. The opinion describes Chemprene as Caston’s former employer, Jozefowicz as its head of human resources, and Ryan as a general manager. Caston asserted retaliation and employment-discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, and the Family and Medical Leave Act. He also asserted claims under the New York State Human Rights Law and possibly other state laws. He sought back pay, front pay, and damages.

Order

The court had previously granted Caston permission to proceed without prepaying court fees. Because he was proceeding under that permission, the court stated that he could rely on assistance from the court and the United States Marshals Service to serve the defendants. The court therefore directed the Clerk of Court to issue summonses for Chemprene LLC (Ammega Group – Parent Company), Thomas Jozefowicz, and David Ryan; complete a USM-285 process receipt and return form for each defendant; and deliver the documents needed to serve the summonses and complaint to the Marshals Service.

The court extended the time for service to 90 days after the summonses are issued. It stated that Caston should request an extension if the summonses and complaint are not served within that period. The court also directed the Clerk to mail Caston an information package and required Caston to notify the court in writing if his address changes, warning that the action may be dismissed if he fails to do so.

Disposition and Significance

Judge Jessica G. L. Clarke entered an order directing service of the summonses and complaint. The order is about starting service on the defendants; it does not decide the merits of Caston’s discrimination, retaliation, or other claims.