Assent v. Club Wyndham Midtown 45

Background

Darius Assent filed a pro se lawsuit against Club Wyndham Midtown 45, which the opinion describes as his former employer. He alleges that the defendant discriminated against him because of his race. The court construes the complaint as asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws.

The court had granted Assent permission to proceed in forma pauperis, meaning that he could proceed without paying the ordinary filing costs. The court explained that a plaintiff proceeding under that status may rely on the court and the U.S. Marshals Service to carry out service of process, which is the formal delivery of the lawsuit and summons to the defendant.

Service of Process

The court stated that Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed. Because Assent could not have arranged service until the court reviewed the complaint and ordered that summonses be issued, the court extended the service period until 90 days after the summons is issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Club Wyndham Midtown 45, issue a summons, and deliver the required paperwork to the Marshals Service. The opinion lists the defendant’s service address as 205 E. 45th Street, New York, New York 10017. Assent was told to request an extension if service is not completed within 90 days after the summons is issued. He also must notify the court in writing of any change in address, and the court stated that it may dismiss the action if he fails to do so.

Disposition

Judge John G. Koeltl entered an order directing the Clerk of Court to issue the summons and arrange for service through the Marshals Service. The Clerk was also directed to mail Assent an information package. The order addressed service and case administration; it did not decide the merits of Assent’s discrimination claims.