Ayala v. Sephora

Background

Maria J. Ayala brought a case under the Americans with Disabilities Act, a federal law that prohibits covered employers from discriminating against employees because of disability. She alleged that her employer discriminated against her based on her disability. The defendants are Sephora and Jennifer Rivera. Ayala was representing herself.

The court had previously granted Ayala permission to proceed without paying filing fees. In that circumstance, federal law and court rules require the court to order the U.S. Marshals Service to serve the summons and complaint when the plaintiff provides the information needed to identify the defendants.

Service of Process

The ordinary deadline under Federal Rule of Civil Procedure 4(m) is 90 days after the complaint is filed. The court explained that this deadline could not operate normally here because Ayala could not serve the defendants until the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the time for service until 90 days after the summons is issued. If service is not completed within that period, the order states that Ayala should request an extension.

Order

The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Sephora and Jennifer Rivera, issue the summons, and deliver the necessary paperwork to the Marshals Service. The order listed 2103 Broadway, New York, New York 10023, as the service address for both defendants. Ayala was required to notify the court in writing if her address changes, and the court stated that it may dismiss the case if she fails to do so.

Judge John G. Koeltl also directed the Clerk to mail Ayala a copy of the order. This amended order addressed service of the lawsuit; it did not resolve the merits of Ayala’s disability-discrimination allegations.