Kalarickal v. Wilkie
- Denise Cote
- 1:20-cv-10249
- U.S. District Court · Southern District of New York
- 4
In Kalarickal v. Wilkie, Judge Broderick ordered service through the Marshals, denied counsel without prejudice, and denied a duplicate fee-waiver request as moot.
Alexander Kalarickal, who must provide any needed service information and keep the court informed of address changes; Robert Wilkie and the U.S. Department of Veterans Affairs, who were to be served through the U.S. Marshals Service.
What happened
In Kalarickal v. Wilkie, Alexander Kalarickal, representing himself, alleged that his employer discriminated against him because of national origin, color, age, and disability, and retaliated against him for earlier discrimination charges. The court had already allowed him to proceed without paying filing fees.
The court ordered the Clerk to issue summonses and provide the U.S. Marshals Service with the documents needed to serve Robert Wilkie and the Department of Veterans Affairs. It extended the service deadline to 90 days after the summonses are issued. The court also denied Kalarickal’s request for a lawyer without prejudice, meaning he may renew it later, because the case was too early for the court to assess its merits.
Judge Vernon S. Broderick also denied Kalarickal’s second request to proceed without paying filing fees as moot because an earlier request had already been granted. The order did not decide whether the alleged discrimination or retaliation occurred.
The detailed version
- Kalarickal v. Wilkie · No. 1:20-cv-10249
- Denise Cote
- Jan. 26, 2021
Background
Alexander Kalarickal brought this action without a lawyer under Title VII of the Civil Rights Act of 1964. He alleged that his employer discriminated against him based on national origin, color, age, and disability, and retaliated against him because of earlier discrimination charges against the defendants. The court had previously granted his request to proceed without paying filing fees.
Service of process
Because Kalarickal was allowed to proceed without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period until 90 days after the summonses were issued. It directed the Clerk of Court to complete the required service forms, issue summonses, and provide the Marshals Service with the necessary paperwork to serve Secretary Robert Wilkie and the U.S. Department of Veterans Affairs.
The court also directed Kalarickal to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so. The order encouraged people representing themselves to file documents and receive court papers electronically, while also identifying mail and in-person filing options.
Request for appointed counsel
The court considered the factors used when an indigent litigant asks for volunteer counsel, including the apparent merits of the case, efforts to find a lawyer, and the litigant’s ability to investigate and present the case without help. Because the case was at an early stage and the court could not yet assess its merits, Judge Vernon S. Broderick denied the motion to appoint counsel without prejudice to renewal later.
Other ruling and disposition
The court denied Kalarickal’s motion to proceed without paying filing fees as moot because his earlier application had already been granted. The order did not resolve the underlying Title VII allegations. The Clerk was directed to mail Kalarickal a copy of the order and an information package, and to take the steps necessary for service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.