Amari J. Moody v. Starbucks Corporation

Background

Amari J. Moody, who is proceeding without a lawyer, brought claims under the Americans with Disabilities Act of 1990, the Family and Medical Leave Act, and the Employee Retirement Income Security Act of 1974. She alleges that her employer discriminated against her based on her disability.

The court had previously granted Moody permission to proceed without prepaying filing fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the defendant.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Starbucks Corporation, issue summonses, and deliver the paperwork needed for the Marshals Service to serve Starbucks. The order includes a service address for Starbucks Corporation.

Although the usual rule generally requires service within 90 days after the complaint is filed, the court stated that Moody could not have completed service before the court reviewed the complaint and ordered the summonses issued. The court therefore extended the service period to 90 days after the summonses issue. If service is not completed within that period, Moody should request an extension of time.

The court also directed Moody to notify the court in writing of any address change and warned that the case may be dismissed if she fails to do so. The Clerk was directed to mail Moody an information package, and the order provided an option for her to consent to receiving court documents electronically.

Disposition and significance

This was an order about serving the defendant, not a decision on the merits of Moody’s disability-discrimination, leave, or employee-benefits claims. Judge Paul A. Engelmayer directed the Clerk and the U.S. Marshals Service to carry out service-related steps so the case could proceed.