Karupaiyan v. Experis IT

Background

Palani Karupaiyan brought this lawsuit without a lawyer against Experis IT and Samantha Moore. He asserted claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged discrimination based on age, sex, race, national origin, color, religion, and disability.

The court had previously granted Karupaiyan permission to proceed without paying the filing fee. In such cases, the court must review the complaint and order 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 Karupaiyan could not serve the defendants until the court reviewed the complaint and issued a summons.

Court’s Action

The court extended the service deadline 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 summons, and provide the Marshals Service with the documents needed for service.

The court also told Karupaiyan to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so. The order did not decide whether his discrimination claims were legally valid.

Disposition

Judge Mary Kay Vyskocil ordered service of the complaint through the U.S. Marshals Service. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion does not state a separate dismissal or merits ruling on the claims.