Yeremis v. Charter Communications Inc

Background

Arturo Yeremis sued Amerit Fleet Solutions, Charter Communications Inc., A-1 All German Car Corporation, and the City of New York Police Department. The opinion says he asserted claims for discrimination based on race, color, and/or national origin; aiding and abetting discrimination; conversion; and negligent infliction of emotional stress. On June 29, 2020, the court allowed Yeremis to proceed without prepaying court fees.

Service of Process

Because Yeremis was allowed to proceed without prepaying fees, the court held that he could rely on the Clerk of Court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period to 90 days after the summonses are issued. It stated that, if service is not completed within that period, Yeremis should request an extension of time.

The court instructed the Clerk to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to complete service. The court also required Yeremis to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

The court ordered the issuance of summonses and delivery of the necessary service materials to the U.S. Marshals Service. It did not rule on the merits of Yeremis’s discrimination, conversion, or emotional-distress claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.