Jenkins v. Huntington's Disease Society of America

Background

Lisa F. Jenkins filed a complaint representing herself. The court construed the complaint as asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. Jenkins alleged that her employer discriminated against her based on race.

The court had previously granted Jenkins permission to proceed without paying the filing fee. In such cases, federal law allows the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant with the summons and complaint.

Service Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Huntington’s Disease Society of America, issue a summons, and deliver the necessary documents to the Marshals Service for service.

The usual deadline for serving a summons and complaint is 90 days after the complaint is filed. The court explained that Jenkins could not serve the defendant before the court reviewed the complaint and ordered that a summons be issued. It therefore extended Jenkins’s service deadline until 90 days after the summons is issued. The court stated that Jenkins should request more time if service is not completed by that deadline.

The court also directed Jenkins to notify it in writing if her address changes and explained that the action could be dismissed if she fails to do so. The order encouraged people representing themselves to file and receive documents electronically, while also providing mail and drop-box options.

Disposition

Judge John G. Koeltl ordered the Clerk of Court to mail Jenkins a copy of the order and an information package and to send the service materials to the U.S. Marshals Service. This was an administrative service order; the opinion did not decide the merits of Jenkins’s discrimination claims.