Acevedo v. Harvard Maintenance Company

Background

Marcos Acevedo filed this case without a lawyer against Harvard Maintenance Company and Servete Draztti, identified in the caption as a supervisor. He alleges employment discrimination based on race and age under Title VII of the Civil Rights Act of 1964, a federal law barring certain workplace discrimination; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; and New York State and City human-rights laws.

The court had previously granted Acevedo permission to proceed without paying the filing fee in advance. Because he was proceeding under that permission, the court explained that he could rely on the court and the United States Marshals Service to serve the summons and complaint.

Service Order

Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed. The court concluded that Acevedo could not have served the defendants before the court reviewed the complaint and ordered summonses issued. The court therefore extended the service period to 90 days after the summonses are issued.

The Clerk of Court was directed to complete a United States Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to complete service. The listed service address for both defendants was 59 Maiden Lane, New York, New York 10038.

The court also directed Acevedo to notify the court in writing if his address changes and warned that the action may be dismissed if he does not do so. If service is not completed within the extended period, the order states that Acevedo should request an additional extension.

Ruling and Effect

Judge Alison J. Nathan entered an order of service. The order arranged service through federal marshals and extended the time for service; it did not rule on the merits of Acevedo’s discrimination allegations or dismiss the case.