Soler-Ortiz v. D.P. Group General Contractors/Developers Inc.

Background

William Soler-Ortiz filed this self-represented action against D.P. Group General Contractors. He asserted 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, alleging that his employer discriminated against him because of his national origin. The court had granted his request to proceed without paying filing fees in an order dated March 30, 2021.

Service of Process

A person allowed to proceed without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendant. Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed. Because Soler-Ortiz could not have served the summons and complaint until the court reviewed the complaint and ordered a summons issued, the court extended the service period to 90 days after the summons is issued.

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for D.P. Group General Contractors, issue a summons, and deliver the necessary documents to the Marshals Service. The order lists the defendant's service address as 900 Allerton Avenue, Bronx, New York 10469. The court stated that Soler-Ortiz should request an extension if service is not completed within the extended period.

Other Requirement and Disposition

Soler-Ortiz must notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to do so. The Clerk was directed to mail him a copy of the order and an information package and to provide the service materials to the Marshals Service. The order addressed service and case administration; it did not decide the merits of Soler-Ortiz's discrimination claims.