Rivera v. Regal Entertainment Group

Background

Devon Miguel Rivera brought this pro se action against Regal Entertainment Group. He alleges that his former employer discriminated and retaliated against him based on his color and race. The claims arise 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 previously granted Rivera permission to proceed without prepaying filing fees. In such cases, federal law and Federal Rule of Civil Procedure 4(c)(3) allow the plaintiff to rely on the U.S. Marshals Service to serve the defendant.

Service Ruling

The court explained that the usual 90-day period for serving a summons and complaint could not begin in the ordinary way because Rivera could not serve the documents until the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the service deadline to 90 days after the summons is issued.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Regal Entertainment Group, issue a summons, and deliver the necessary documents to the Marshals Service. The opinion lists Regal Entertainment Group’s service address as 850 Broadway, New York, New York 10466.

Effect of the Order

This was an order arranging service of the lawsuit, not a decision on the discrimination or retaliation claims. Rivera was directed to ask for an extension if service is not completed within the applicable period. He was also required to notify the court in writing if his address changes, and the court warned that the action may be dismissed if he fails to do so. Judge Lewis J. Liman ordered the Clerk to mail Rivera a copy of the order and an information package.