Giorgobiani v. Forty-Five Ten HY, LLC

Background

Gary Giorgobiani, representing himself, brought claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged that his employer discriminated against him because of his religion. The defendants are Forty-Five Ten HY, LLC and Angie Cahill.

The court had previously allowed Giorgobiani to proceed without paying filing fees. In such a case, federal law requires the court to direct the U.S. Marshals Service to serve the defendants. The court explained that the ordinary 90-day service period could not begin to operate in the usual way because Giorgobiani could not serve the summons and complaint until the court reviewed the complaint and ordered that a summons be issued.

Order

The court extended the time for service until 90 days after the summons is issued. It directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to serve Forty-Five Ten HY, LLC and Angie Cahill. The court stated that Giorgobiani should request an extension if service is not completed within that period.

The court also required Giorgobiani to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so. The Clerk was directed to mail Giorgobiani a copy of the order and an information package.

Disposition and Classification

This was an order about proceeding without filing fees and serving the defendants; it did not decide whether the alleged discrimination occurred or whether Giorgobiani’s claims have merit. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The order otherwise directed the Clerk and Marshals Service to carry out service. This is a procedural order.