Garcia v. Pritchard Industries LLC
- Andrew Carter
- 1:20-cv-10858
- U.S. District Court · Southern District of New York
- 3
In Garcia v. Pritchard Industries LLC, Judge Carter ordered Marshals service for defendants after Garcia received permission to proceed without paying fees.
Alba Garcia, Pritchard Industries LLC, and The Macquarie Group; the order directs the Clerk of Court and the U.S. Marshals Service to facilitate service on the defendants.
What happened
Garcia v. Pritchard Industries LLC is a case brought by Alba Garcia, who is representing herself and alleges that her employer discriminated against her based on race, sex, and national origin under federal law.
Because Garcia received permission to proceed without paying filing fees, the court arranged for the U.S. Marshals Service to serve Pritchard Industries LLC and The Macquarie Group. The court extended the service deadline until 90 days after the summonses are issued.
Judge Carter ordered the Clerk of Court to issue the summonses, prepare the required service forms, and send the necessary documents to the Marshals Service. The court also required Garcia to notify the court if her address changes.
The detailed version
- Garcia v. Pritchard Industries LLC · No. 1:20-cv-10858
- Andrew Carter
- Feb. 1, 2021
Background
Alba Garcia brings this case without a lawyer against Pritchard Industries LLC and The Macquarie Group. She alleges that her employer discriminated against her because of her race, sex, and national origin under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court had previously granted Garcia permission to proceed without paying filing fees.
Service of the Complaint
Because Garcia was allowed to proceed without paying filing fees, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual rule requiring service within 90 days of filing did not apply before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service period until 90 days after the summonses are issued.
Order
The court directed the Clerk of Court to complete a service form for each defendant, issue summonses, and deliver the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to mail Garcia an information package. Garcia must notify the court in writing if her address changes, and the court stated that it may dismiss the case if she fails to do so. Judge Andrew L. Carter, Jr. ordered these steps; the opinion does not state that service had already been completed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.