Ahmad v. Day

Background

Mahfooz Ahmad brought this case without a lawyer against Colin Day, Courtney Dutter, and iCIMS, Inc. He alleges that his employer discriminated against him because of his race, color, religion, and national origin. The complaint invokes Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York City and New York State Human Rights Laws.

The court had previously granted Ahmad permission to proceed without paying the filing fee. The opinion does not decide the merits of his discrimination allegations.

Service of Process

A plaintiff permitted to proceed without paying the filing fee may rely on the court and the U.S. Marshals Service to serve the defendants. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after filing the complaint, the court explained that Ahmad could not serve the defendants until the court reviewed the complaint and ordered summonses issued.

The court therefore extended the service deadline until 90 days after the summonses are issued. It stated that Ahmad should request an extension if service is not completed within that period. The court also noted that, when a plaintiff proceeding without paying the filing fee provides enough information to identify a defendant, a failure by the Marshals Service to complete service automatically constitutes good cause for an extension under the cited precedent.

Order

The court ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service. The Clerk was instructed to use the listed addresses for Colin Day, Courtney Dutter, and iCIMS, Inc.

The court also directed Ahmad to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so. Judge Analisa Torres entered this order on August 13, 2020. The order concerns service of the lawsuit and does not resolve the discrimination claims.