Johnson-Williams v. The Plaza at Clover Lake-Premier Assisted Living

Background

Caroline A. Johnson-Williams brought this case without a lawyer against The Plaza at Clover Lake-Premier Assisted Living, Susan Bey, Steve Kessluk, Yohanny Portillo, and Benjamin Fuoco. She alleged that her former employer discriminated against her because of her race, asserting claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.

The court had previously granted Johnson-Williams permission to proceed without prepaying filing fees. In such cases, the court and the United States Marshals Service handle service of the summons and complaint. The court therefore extended the time for service until 90 days after the summonses were issued.

Service of Process

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and give the Marshals Service the documents needed to serve the defendants. The court also directed Johnson-Williams to notify the court in writing if her address changes and stated that the action could be dismissed if she failed to do so.

Request for Counsel

Johnson-Williams also asked the court to request a volunteer lawyer to represent her. The court considered that the case was at too early a stage to assess its merits, which is the most important factor in deciding such a request. The court denied the application for counsel without prejudice to renewal later.

Disposition

The court ordered issuance and service of the case documents through the United States Marshals Service. Judge Cathy Seibel denied Johnson-Williams’s application for the court to request volunteer counsel without prejudice to renewal at a later time. The opinion did not decide whether Johnson-Williams’s discrimination claims were valid.