Karupaiyan v. CVS Health Corporation

Background

Palani Karupaiyan brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and other federal and state statutes. He alleges that his employer discriminated against him because of his race, national origin, age, and disability, and violated his rights under state and federal law. The court had previously granted his request to proceed without paying filing fees.

Service of Process

Because Karupaiyan was proceeding without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual service deadline to 90 days after the summons was issued because Karupaiyan could not serve the defendants before the court reviewed the complaint and ordered a summons. The court stated that, if service was not completed within that period, Karupaiyan should request an extension of time.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant and to issue a summons and provide the Marshals Service with the documents needed to serve CVS Health Corporation, Aetna, ActiveHealth Management, Kalyani Lakshmi Bellamkonda, Robert Denner, APN Consulting, Inc., Vedant Pathak, Neela Pathak, and Purvi Jhala. Karupaiyan was required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so. Judge Katherine Polk Failla also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed service and appeal-related filing status; it did not decide the discrimination claims.