Polite v. VIP Community Services

Background

Derrick Polite brought this action against VIP Community Services under the Age Discrimination in Employment Act and the New York State Human Rights Law. He alleged that his former employer discriminated and retaliated against him because of his age. The opinion states that Polite is proceeding without a lawyer. In an earlier order, the court granted him permission to proceed without paying filing fees, known as proceeding in forma pauperis or “IFP.”

Service of process

Because Polite was proceeding IFP, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. The court held that this deadline should instead run for 90 days after the summons is issued because Polite could not serve the defendant before the court reviewed the complaint and ordered the summons issued.

The court stated that if the complaint was not served within that period, Polite should request an extension of time. It also instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for VIP Community Services, issue the summons, and deliver the required paperwork to the Marshals Service. Polite was required to notify the court in writing if his address changed, and the court warned that the action could be dismissed if he failed to do so.

Disposition

Judge George B. Daniels directed the Clerk of Court to mail Polite a copy of the order and an information package, issue the summons, complete the service forms with VIP Community Services’ address, and provide the documents to the Marshals Service. This was an order about serving the defendant; it did not resolve the underlying age-discrimination or retaliation claims.