Harriram v. Fera

Background

Priya Harriram brought this pro se action under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging discrimination based on race and national origin. The court also construed her allegations as asserting related state-law claims. The court had previously granted her permission to proceed without paying the filing fee.

Caption amendment

Harriram asserted claims against Lehman College, but the complaint's caption did not list the college as a defendant. Under Rule 21 of the Federal Rules of Civil Procedure, the court directed the Clerk of Court to add Lehman College to the caption. The court stated that this amendment was without prejudice to any defenses Lehman College might assert.

Service of process

Because Harriram was proceeding without paying the filing fee, she could rely on the court and the U.S. Marshals Service to serve Joseph Luis Fera and Lehman College. The court extended the service deadline to 90 days after summonses are issued, rather than 90 days after the complaint was filed.

The court directed the Clerk to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to serve the defendants. Harriram was required to notify the court in writing if her address changed, and the court stated that it could dismiss the action if she failed to do so.

Disposition

The court ordered the Clerk to mail Harriram a copy of the order and an information package, add Lehman College as a defendant, and arrange for service through the Marshals Service. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal. The order addressed case administration and service; it did not decide the merits of Harriram's discrimination claims.

Judge

Judge Ronnie Abrams issued the order.