Stevens v. Elara Caring

Background

Felicha C. Stevens, representing herself, brought claims 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. She alleges that her employer discriminated and retaliated against her because of her race. The defendants are Elara Caring, Esther Dimaano, Rovina Whitfield, Sandra Marti-Cruz, and AnnMarie Martino.

The court had previously granted Stevens permission to proceed without paying filing fees. In such cases, federal law and the Federal Rules of Civil Procedure require the court to direct the U.S. Marshals Service to serve the summons and complaint when the plaintiff provides information identifying the defendants.

Service Order

The court explained that the ordinary deadline under Rule 4(m) is 90 days after the complaint is filed. Because Stevens could not serve the defendants until the court reviewed the complaint and ordered summonses issued, the court extended her service deadline to 90 days after the summonses are issued. The court stated that Stevens should request an extension if service is not completed within that period.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The order lists service addresses for all five defendants at Elara Caring.

Other Instructions and Disposition

The court directed the Clerk to mail Stevens a copy of the order and an information package. Stevens was required to notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so. Judge John G. Koeltl’s order addressed service and related case administration; it did not rule on the merits of Stevens’s discrimination or retaliation claims.