Gomez v. Henry Street Settlement

Background

Jorge Daniel Gomez brought this pro se action, meaning he was representing himself, against Henry Street Settlement, Renee Best, and Priscilla DelSol-Hill. He alleged that his employer discriminated against him because of his race under Title VII of the Civil Rights Act of 1964. The court stated that Gomez may also be asserting related state-law claims.

The court had previously granted Gomez permission to proceed in forma pauperis, meaning without paying the filing fee. The opinion does not decide the merits of his discrimination or possible state-law claims.

Service of Process

Because Gomez was allowed to proceed without paying the filing fee, the court ruled that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual deadline for service under Federal Rule of Civil Procedure 4(m) to 90 days after the summonses are issued.

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 provide the Marshals Service with the documents needed for service. The order identifies the service addresses for Henry Street Settlement, Renee Best, and Priscilla DelSol-Hill at Henry Street Settlement’s address.

Ruling

Judge Analisa Torres ordered the Clerk to issue the summonses and arrange service through the U.S. Marshals Service. The order also required Gomez to notify the court in writing if his address changes and stated that the court may dismiss the action if he fails to do so. The order did not rule on whether the defendants discriminated against Gomez or whether his claims should ultimately succeed.