Meyers v. Port Authority of Trans Hudson

Background

Rachel Meyers filed this pro se action, meaning she was representing herself, against Port Authority Trans-Hudson (PATH); Port Authority of NY/NJ; the Brotherhood of Locomotive Engineers and Trainmen; and Corbett Millard, Moyaah Phillips, David Volk, Raishea Haines, Arthur Blakey, Nicholas McCarthy, and Carlos Proano.

The complaint asserts discrimination claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the New York State Human Rights Law. Meyers alleges discrimination based on race, gender, pregnancy, and perceived disability. The court also said the complaint could be construed to assert claims involving an alleged breach of the collective bargaining agreement and the union’s alleged failure to fairly represent her.

Service of Process

The court had previously granted Meyers’s request to proceed in forma pauperis, meaning she was permitted to proceed under the court’s fee-waiver process. The court explained that a plaintiff proceeding under that status may rely on the court and the U.S. Marshals Service to serve the defendants.

Federal Rule of Civil Procedure 4 generally requires service within 90 days after filing. The court extended Meyers’s service deadline to 90 days after the summons was issued because she could not serve the defendants until the court reviewed the complaint and ordered issuance of the summons.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the required paperwork to the Marshals Service. The order also required Meyers to notify the court in writing if her address changed and warned that the action could be dismissed if she failed to do so.

Judge Vernon S. Broderick’s order addressed service of process only. It did not decide the merits of Meyers’s discrimination, union, or collective-bargaining claims.