Gonzalez v. Red Lobster Restaurants LLC

Background

Destiny A. Gonzalez brought this lawsuit without a lawyer against Red Lobster Restaurants LLC and Alejandro Burgos. She alleged that her employer discriminated against her because of her race, asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. On November 12, 2020, the court allowed her to proceed without paying filing fees.

Service of process

Because Gonzalez was allowed to proceed without paying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual rule requires service within 90 days after a complaint is filed, but Gonzalez could not serve the defendants before the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses are issued.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Red Lobster Restaurants LLC and Alejandro Burgos, issue summonses, and deliver the required paperwork to the Marshals Service. The opinion states that Gonzalez must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so.

Ruling

Judge Alison J. Nathan entered an order directing the Clerk of Court to mail Gonzalez a copy of the order and an information package, issue the summonses, complete the service forms with the listed addresses, and provide all necessary documents to the Marshals Service. The order addressed service of process and did not resolve the merits of Gonzalez’s discrimination claims.