Campbell-Allen v. CBRE Richard Ellis

Background

Sherlaine Campbell-Allen filed this action without a lawyer against CBRE Inc. and other defendants. She asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her former employer discriminated against her based on race, color, national origin, age, and disability.

In an earlier order dated June 16, 2021, the court granted Campbell-Allen permission to proceed without paying filing fees. That status allows her to rely on the court and the U.S. Marshals Service to serve process—the summons and complaint—on the defendant.

Service Ruling

The court explained that the usual rule requires service within 90 days after filing the complaint. Because Campbell-Allen 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 until 90 days after the summons is issued. The court stated that Campbell-Allen should request an extension if service is not completed within that period.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary paperwork to the Marshals Service so that service could be made on CBRE Richard Ellis. The order also directs the Clerk to mail Campbell-Allen an information package and a copy of the order.

Other Instructions

The order requires Campbell-Allen to notify the court in writing if her address changes and states that the action may be dismissed if she fails to do so. It also provides instructions for filing papers and communicating with the court as a person without a lawyer, including directing communications to the Pro Se Office rather than directly to chambers. The order describes a Pro Se Law Clinic operated by the New York Legal Assistance Group.

What the Court Did Not Decide

Judge Jesse M. Furman did not decide the merits of Campbell-Allen’s discrimination allegations. The order concerns permission to proceed without paying filing fees, service of the lawsuit, and related case-management instructions.

Disposition

The court ordered the Clerk to prepare service materials and deliver them to the U.S. Marshals Service, extended the time for service until 90 days after the summons is issued, and directed the Clerk to mail Campbell-Allen the information package and order. The opinion’s conclusion refers to service paperwork containing addresses for Con Edison of New York, while the body and the listed service-address section identify CBRE Richard Ellis; the text does not explain that discrepancy.