King v. Nike Store
- Gregory Woods
- 1:20-cv-05160
- U.S. District Court · Southern District of New York
- 3
In King v. Nike Store, Judge Woods ordered summonses issued and service by the U.S. Marshals Service for Shauna King’s lawsuit filed without prepaying fees.
Shauna King, Nike Store, the Clerk of Court, and the U.S. Marshals Service.
What happened
In King v. Nike Store, Shauna King sued Nike Store, alleging violations of her constitutional rights, false allegations, and discrimination based on race, color, and/or national origin.
Chief Judge McMahon had allowed King to proceed without prepaying court fees. Because of that permission, the court and the U.S. Marshals Service were responsible for serving Nike Store.
Judge Woods ordered the Clerk of Court to issue the summons, prepare the service forms, and send the necessary papers to the U.S. Marshals Service. The order did not decide whether King’s claims were valid.
The detailed version
- King v. Nike Store · No. 1:20-cv-05160
- Gregory Woods
- Aug. 25, 2020
Background
Shauna King brought an action against Nike Store alleging violations of her constitutional rights, false allegations, and discrimination based on race, color, and/or national origin. Chief Judge McMahon had previously allowed King to proceed without prepaying court fees, a status commonly called proceeding in forma pauperis.
Service of Process
Because King had permission to proceed without prepaying fees, she could rely on the court and the U.S. Marshals Service to serve Nike Store with the summons and complaint. The court explained that the usual 90-day service period could not begin in the ordinary way because King could not serve the documents until the court reviewed the complaint and ordered the summons issued.
The court extended the service deadline to 90 days after the summonses were issued. It stated that, if service was not completed within that period, King should request an additional extension. The court also required King to notify it in writing if her address changed.
Order
Judge Woods instructed the Clerk of Court to complete the U.S. Marshals Service service forms using Nike Store’s listed address, issue the summons, and deliver the required documents to the Marshals Service. The opinion is an order concerning service of process; it does not decide the merits of King’s constitutional or discrimination allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.