Asiedu v. Broadreach Medical Resources

Background

Trina Asiedu filed this pro se action against Broadreach Medical Resources and J.N. Savasta Corp. She alleges employment discrimination based on race and sex under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. The court had granted her permission to proceed without paying the filing fee.

Service of Process

A plaintiff proceeding without paying the filing fee may rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin in the ordinary way because Asiedu could not have served the summons and complaint before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the time for service until 90 days after the summonses were issued.

The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the required documents to the Marshals Service. The court stated that if service was not completed within that period, Asiedu should request an extension. It also required her to notify the court in writing if her address changed and warned that the action could be dismissed if she failed to do so.

Disposition

Judge Edgardo Ramos ordered the Clerk of Court to send Asiedu a copy of the order and an information package, issue the summonses, complete the service forms, and provide the documents to the Marshals Service. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fee. The opinion does not decide whether Asiedu’s discrimination claims have merit.