Harris v. Kim

Background

Melanie Harris brought a self-represented action under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. She alleged that her former employer, Oscar de la Renta, LLC, discriminated against her because of her race. The second amended complaint was the operative pleading. The court had previously allowed Harris to proceed without paying filing fees.

Service of the Complaint

Because Harris was proceeding 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 time for service until 90 days after the summons was issued, because Harris could not serve the summons and second amended complaint until the court reviewed the pleading and ordered the summons issued. The court stated that Harris should request an extension if service was not completed within that period.

The court directed the Clerk of Court to issue a summons, complete the U.S. Marshals Service service forms with Oscar de la Renta, LLC’s service address, and deliver the required documents to the Marshals Service. Harris was also required to notify the court in writing if her address changed; the court stated that the action could be dismissed if she failed to do so. The Clerk was directed to mail Harris an information package, and the court noted that Harris had agreed to receive court documents electronically.

Disposition

The court entered an order of service. It directed the Clerk of Court and the U.S. Marshals Service to take the steps necessary to serve Oscar de la Renta, LLC. The opinion did not decide the merits of Harris’s discrimination claims.