Anderson v. Rite Aid Pharmacy

Background

Denise B. Anderson brought a self-represented employment-discrimination action against Rite Aid Pharmacy under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the New York State Human Rights Law. She alleged discrimination based on race and color, national origin, and age. The court had previously granted her permission to proceed without paying filing fees.

Service of process

Because Anderson was allowed to proceed without paying filing fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the usual 90-day service period so that the deadline would be 90 days after the summons was issued. The court stated that Anderson should request more time if service was not completed within that period.

The Clerk of Court was instructed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form for Rite Aid Pharmacy, and deliver the required documents to the Marshals Service. The order also required Anderson to notify the court in writing if her address changed and stated that the action could be dismissed if she failed to do so.

Disposition and effect

Judge Alison J. Nathan ordered the Clerk to mail Anderson a copy of the order and an information package and to arrange for service of Rite Aid Pharmacy through the Marshals Service. This order concerned service of the lawsuit; it did not resolve the merits of Anderson’s discrimination claims.