Scott v. Grace Cuisine, Inc.
- Vernon Broderick
- 1:21-cv-07711
- U.S. District Court · Southern District of New York
- 6
In Christine Scott v. YSB Services Inc., Judge Broderick dismissed claims against two defendants without prejudice and denied YSB’s extension request.
Christine Scott’s claims against Louise Jeanette Pope and Alvin Samuels were dismissed without prejudice. YSB Services Inc. was required to obtain licensed defense counsel and had its extension request denied, without prejudice to renewal if necessary.
What happened
In Christine Scott v. YSB Services Inc., Christine Scott brought an employment discrimination action. Defendant Louise Jeanette Pope, who said she was YSB Services Inc.’s human-resources manager and not a lawyer, filed papers for YSB and requested a short extension to respond to the second amended complaint.
The court ordered licensed defense counsel for YSB Services Inc. to file a notice of appearance by January 18, 2022. It also ordered Scott to file proof that the second amended complaint had been served by January 13, 2022. The court denied YSB’s request for more time to respond as moot, without prejudice to renewing the request if an extension became necessary.
The court dismissed Scott’s claims against Louise Jeanette Pope and Alvin Samuels without prejudice because Pope was served after the 90-day deadline and Scott did not show good cause, while Scott provided no proof or explanation of service on Samuels. Judge Vernon S. Broderick issued the order.
The detailed version
- Scott v. Grace Cuisine, Inc. · No. 1:21-cv-07711
- Vernon Broderick
- Jan. 11, 2022
Background
Christine Scott filed an employment discrimination action on September 15, 2021. The opinion’s caption identifies YSB Services Inc. as a defendant. The procedural history also discusses Grace Cuisine, Inc.; the court previously accepted Scott’s representation that YSB Services Inc. and Grace Cuisine, Inc. were the same entity for service purposes and deemed service on YSB timely.
Scott filed a second amended complaint on January 6, 2022. On January 7, Louise Jeanette Pope filed an answer labeled as a motion to dismiss on behalf of YSB Services Inc. Pope later explained that she was YSB’s human-resources manager, was not an attorney, and had tried to retain counsel. The court treated YSB as having effectively submitted the filings without counsel.
YSB’s request for more time
The court stated that a corporation may not appear in federal court without licensed counsel. It ordered defense counsel for YSB Services Inc. to file a notice of appearance by January 18, 2022. The court stated that if YSB did not timely obtain counsel, Scott could move for a default judgment under Federal Rule of Civil Procedure 55(a).
Because Scott had filed a second amended complaint, YSB’s deadline to respond would be 14 days after service of that complaint. The court therefore denied YSB Services Inc.’s request for an extension of time to respond as moot, without prejudice to renewal if an extension proved necessary. The court also ordered Scott to file an affidavit of service for the second amended complaint by January 13, 2022.
Claims against Pope and Samuels
Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. If a defendant is not timely served, the court must dismiss the action against that defendant without prejudice or order service within a specified time, unless the plaintiff shows good cause for the delay. Good cause generally requires exceptional circumstances beyond the plaintiff’s control.
The court found that Scott served Pope on December 18, 2021, after the December 14, 2021 deadline. The court also found that Scott had not shown good cause for the late service. As to Samuels, Scott had filed no affidavit of service and had provided no explanation for failing to serve him. The court therefore dismissed Scott’s claims against Louise Jeanette Pope and Alvin Samuels without prejudice.
Disposition
The court ordered defense counsel for YSB Services Inc. to file a notice of appearance by January 18, 2022; denied YSB’s request for an extension of time to respond, without prejudice to renewal if necessary; ordered Scott to file an affidavit of service for the second amended complaint by January 13, 2022; and dismissed Scott’s claims against Pope and Samuels without prejudice. Judge Vernon S. Broderick signed the order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.