Rodriguez v. Hudson Valley Chrysler

Background

Kristopher A. Galicia Rodriguez brings this action under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. He alleges that his former employer, Hudson Valley Chrysler, discriminated against him based on race, color, and national origin. Rodriguez is proceeding without a lawyer. The court had previously granted him permission to proceed without paying the filing fee.

Service of Process

A plaintiff proceeding without paying the filing fee may rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that the usual rule requiring service within 90 days of filing does not apply in the same way here because Rodriguez could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued.

The court extended the time for service until 90 days after the summons is issued. It stated that, if service is not completed within that period, Rodriguez should request an extension of time. The court also stated that Rodriguez must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

Order

Judge Nelson S. Roman directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Hudson Valley Chrysler, issue a summons, and deliver the necessary documents to the Marshals Service. The order lists Hudson Valley Chrysler’s service address as 200 Auto Park Place, Newburgh, New York 12550. The Clerk was also directed to mail Rodriguez a copy of the order and an information package. This order concerns service of process and does not resolve the merits of the discrimination claims.