Molina v. Harvard Maintenance

Background

Iris Molina brings this self-represented action against Harvard Maintenance under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She alleges that her employer discriminated against her based on sex and national origin. The court had previously granted her permission to proceed without paying filing fees.

Service of Process

Federal Rule of Civil Procedure 4(m) generally requires a plaintiff to serve the summons and complaint within 90 days after filing the complaint. The order explains that a plaintiff proceeding without paying filing fees cannot serve the papers until the court reviews the complaint and orders a summons issued.

The court extended Molina’s service deadline to 90 days after the summons is issued. It also stated that Molina may rely on the court and the U.S. Marshals Service to complete service. If service is not completed within that period, the order says Molina should ask for an extension of time.

Court’s Directives

The court instructed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form for Harvard Maintenance, and deliver the necessary documents to the Marshals Service. The order also directed the Clerk to mail Molina a copy of the order and an information package.

Molina must notify the court in writing if her address changes. The order states that the court may dismiss the action if she fails to do so. The order concerns service and case administration; it does not decide the merits of Molina’s discrimination allegations.