Umer v. ConEdison of New York
- Jesse Furman
- 1:21-cv-03422
- U.S. District Court · Southern District of New York
- 11
In Umer v. Con Edison, Judge Furman ordered U.S. Marshals service after Umer was allowed to proceed without paying court fees.
Mohammed Umer, Con Edison of New York, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Mohammed Umer v. Con Edison of New York, Umer, who does not have a lawyer, alleges that his employer discriminated against him because of his race, color, national origin, and religion under federal, New York State, and New York City laws.
The court had already allowed Umer to proceed without paying court fees. Judge Furman therefore ordered the Clerk of Court to prepare the paperwork and the U.S. Marshals Service to serve Con Edison. The deadline for service was extended to 90 days after the summons is issued.
Judge Furman’s April 30, 2021 order addressed service and case procedures; it did not decide whether Umer’s discrimination allegations were proven. The order also required Umer to notify the court if his address changes.
The detailed version
- Umer v. ConEdison of New York · No. 1:21-cv-03422
- Jesse Furman
- Apr. 30, 2021
Background
Mohammed Umer filed this case without a lawyer against Con Edison of New York. He asserts claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleges that his employer discriminated against him because of his race, color, national origin, and religion. The opinion does not decide the truth of those allegations.
The court had previously granted Umer permission to proceed without paying the filing fee. In cases where a person proceeds without paying court fees, federal law requires the court to arrange service of the summons and complaint through the U.S. Marshals Service.
Service Order
Judge Furman extended the deadline for service to 90 days after the summons is issued. The order explains that Umer could not serve the summons and complaint before the court reviewed the complaint and ordered a summons. It states that, if service is not completed within that period, Umer should request additional time for service.
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form with Con Edison’s service address, issue the summons, and deliver the necessary paperwork to the U.S. Marshals Service. The Clerk was also directed to mail Umer an information package. The order states that Umer must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.
Ruling and Effect
Judge Jesse M. Furman entered an order directing the Clerk of Court and the U.S. Marshals Service to arrange service on Con Edison of New York. This was a procedural order about starting service of the lawsuit, not a ruling on Umer’s discrimination claims. The opinion does not state that the case was dismissed or that either side prevailed on the merits.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.