Vann v. Persico

Background

Roosevelt Vann Jr. filed a lawsuit under Title VII of the Civil Rights Act of 1964, alleging that his employer and union discriminated against him because of his race. Vann was proceeding without a lawyer and had been granted permission to proceed without paying filing fees.

The court had previously ordered service of the lawsuit on the defendants but had not listed an address for International Local Union #60. The court's order addressed service of process—the formal delivery of the summons and complaint—not the merits of Vann's discrimination allegations.

Ruling

The court amended the earlier service order to add the following address for International Local Union #60: 140 Broadway, Hawthorne, New York 10532. Because Vann was proceeding without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to carry out service.

The court extended the time to serve International Local Union #60 until 90 days after the summons for that defendant is issued. The court stated that, if service is not completed within that period, Vann should ask for an additional extension.

Required Actions

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue the summons, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Vann a copy of the order. Vann was required to notify the court in writing if his address changes, and the court stated that it could dismiss the action if he failed to do so.

The order did not rule on whether Vann was discriminated against or otherwise decide the underlying Title VII claims.