Ibok v. Extended Stay America
- Cathy Seibel
- 7:20-cv-07468
- U.S. District Court · Southern District of New York
- 4
In Ibok v. Extended Stay America, Judge Seibel ordered service, required ESA to identify Jessica, and denied counsel without prejudice.
The order affects Plaintiff and the defendants Extended Stay America and Jessica by arranging service, requiring Extended Stay America to help identify Jessica, and denying Plaintiff’s request for free counsel without prejudice.
What happened
In Ibok v. Extended Stay America, Plaintiff, who is representing herself, brought claims under federal and New York employment-discrimination laws against a potential employer and an employee. Plaintiff alleges discrimination based on race, color, national origin, and age.
Because Plaintiff was allowed to proceed without paying court fees, the court directed the Clerk and U.S. Marshals Service to prepare and serve the papers on Extended Stay America. The court also ordered Extended Stay America to provide Jessica’s last name and a service address within 60 days so she could be identified and served.
The court denied Plaintiff’s request for free legal assistance without prejudice because the case was too early for the court to assess its merits. Judge Seibel also extended the service deadline to 90 days after the summons is issued.
The detailed version
- Ibok v. Extended Stay America · No. 7:20-cv-07468
- Cathy Seibel
- Feb. 23, 2021
Background
Plaintiff brings a pro se action under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 42 U.S.C. § 1981, and the New York State Human Rights Law. She alleges that a potential employer discriminated against her based on race, color, national origin, and age. The court had previously granted Plaintiff permission to proceed without paying filing fees.
Service on Extended Stay America
Because Plaintiff was proceeding without paying filing fees, the court held that she could rely on the court and the U.S. Marshals Service to serve Extended Stay America. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. The Clerk was directed to complete the U.S. Marshals Service process form, issue a summons, and provide the Marshals Service with the necessary papers. The court also directed that the order and complaint be mailed to Extended Stay America at 25 Merrick Blvd., Fishkill, NY 12524.
Identifying Jessica
The court applied a procedure allowing a self-represented litigant to obtain assistance identifying a defendant. It found that the complaint gave Extended Stay America enough information to identify “Jessica.” Extended Stay America was ordered to provide Jessica’s last name and an address where she could be served within 60 days of the order. The court would then review that information and, if necessary, direct the Clerk to arrange service.
Request for Free Counsel
The court considered the factors used for a low-income litigant’s request for appointed volunteer counsel, including the apparent merits of the case, efforts to obtain a lawyer, and the litigant’s ability to investigate and present the case without assistance. Because the case was too early for the court to evaluate its merits, Judge Cathy Seibel denied Plaintiff’s motion for pro bono counsel without prejudice, allowing her to renew the request later.
Other instruction
Plaintiff was instructed to notify the court in writing if her address changes. The court stated that the action could be dismissed if she failed to do so.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.