Bernabel v. Allied Universal

Background

Joel Bernabel, proceeding without a lawyer, sued Allied Universal, identified as his former employer. He asserted claims under the Americans with Disabilities Act of 1990 and the New York State and New York City Human Rights Laws. The court construed the complaint as also asserting claims under the Family and Medical Leave Act of 1993.

The court had previously granted Bernabel permission to proceed without prepaying filing fees. In such a case, federal law requires the court to direct the U.S. Marshals Service to serve the defendant when the plaintiff provides the information needed to identify the defendant.

Service Order

The court extended the time to serve Allied Universal until 90 days after a summons is issued. It explained that Bernabel could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court stated that Bernabel should request an extension of time if service is not completed within that period.

The court directed the Clerk of Court to issue the summons, complete a U.S. Marshals Service Process Receipt and Return form with Allied Universal’s service address, and deliver the necessary documents to the Marshals Service. The court also ordered the Clerk to mail Bernabel a copy of the order and an information package. Bernabel must notify the court in writing if his address changes, and the court stated that the action may be dismissed if he fails to do so.

Disposition

The court directed service of the summons and complaint on Allied Universal through the U.S. Marshals Service. It certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.