Robert McKinley Jr. v. PSK Supermarkets, Inc. D/B/A Foodtown, et al.
- Lewis Liman
- 1:25-cv-07438
- U.S. District Court · Southern District of New York
- 3
In Robert McKinley Jr. v. PSK Supermarkets, Judge Liman ordered Marshals service for defendants in McKinley’s pro se race-discrimination case.
Robert McKinley Jr. and the named defendants—PSK Supermarkets, Inc., Noah Katz, Ed Hunt, and Felix Porteral—are affected by the service directives. The order also directs actions by the Clerk of Court and the U.S. Marshals Service.
What happened
Robert McKinley Jr. sued PSK Supermarkets, Inc., doing business as Foodtown, and individuals, alleging that his employer discriminated against him because of his race. He brought claims under federal and New York civil-rights laws. The case is Robert McKinley Jr. v. PSK Supermarkets, Inc. D/B/A Foodtown, et al.
The court had already allowed McKinley to proceed without paying the usual filing costs. Because of that status, the court directed the Clerk to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve PSK Supermarkets, Noah Katz, Ed Hunt, and Felix Porteral. Service must occur within 90 days after the summonses are issued, unless McKinley requests more time.
Judge Lewis J. Liman also directed the Clerk to mail McKinley an information package and warned him to notify the court in writing if his address changes. The order concerns service of the lawsuit; it does not decide whether the alleged discrimination occurred or whether McKinley’s claims will succeed.
The detailed version
- Robert McKinley Jr. v. PSK Supermarkets, Inc. D/B/A Foodtown, et al. · No. 1:25-cv-07438
- Lewis Liman
- Sept. 13, 2025
Background
Robert McKinley Jr. brought this lawsuit without a lawyer. He asserted claims under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State and City Human Rights Laws. He alleges that PSK Supermarkets, Inc., doing business as Foodtown, discriminated against him because of his race.
The court stated that it had granted McKinley permission to proceed in forma pauperis, meaning he could proceed under the court’s process for litigants unable to pay the ordinary case costs in advance.
Service of the lawsuit
Because McKinley had been granted that status, the court stated that he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court directed the Clerk of Court to issue summonses for PSK Supermarkets, Inc., Noah Katz, Ed Hunt, and Felix Porteral; complete the required U.S. Marshals Service process forms with the defendants’ addresses; and deliver the necessary paperwork to the Marshals Service.
The court extended the service deadline so that the defendants must be served within 90 days after the summonses are issued, rather than within 90 days after the complaint was filed. The court instructed McKinley to request an extension if service is not completed within that period. It also directed the Clerk to mail him an information package and instructed McKinley to notify the court in writing of any address change. The court warned that the action may be dismissed if he fails to provide notice of an address change.
Disposition
Judge Lewis J. Liman entered an order of service. The order directs the Clerk and the U.S. Marshals Service to take steps to serve the defendants. It does not rule on the merits of McKinley’s race-discrimination allegations or decide the defendants’ liability.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.