Harris v. Kim

Background

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

Service of Process

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. Although the Federal Rules of Civil Procedure generally require service within 90 days after filing the complaint, the court concluded that Harris could not serve the summons and second amended complaint until the court reviewed the pleading and ordered that a summons be issued.

The court therefore extended the service period until 90 days after the summons is issued. It stated that Harris should request additional time if the second amended complaint is not served within that period. The court also directed the Clerk of Court to complete the U.S. Marshals Service process forms, issue a summons, and deliver the necessary documents to the Marshals Service for service on Oscar de la Renta, LLC.

Other Instructions and Ruling

The court directed the Clerk to mail Harris an information package and noted that Harris had agreed to receive court documents electronically. Harris must notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so.

Judge John G. Koeltl issued an amended order of service. The order addressed how the defendant would be served and the time for service; it did not decide whether the alleged discrimination occurred or whether Harris’s claims were legally valid.