Dodd v. My Sisters' Place, Inc.
- Vincent Briccetti
- 7:21-cv-10987
- U.S. District Court · Southern District of New York
- 6
In Dodd v. My Sisters' Place, Inc., Judge Briccetti ordered service, allowed electronic filing, and denied counsel without prejudice.
Marcus Andre Dodd, the named defendants, the Clerk of Court, and the U.S. Marshals Service. The order governs service and case administration but does not resolve Dodd's underlying discrimination or retaliation claims.
What happened
Marcus Andre Dodd sued My Sisters' Place, Inc., and several of its board members and employees. He alleged race and disability discrimination and retaliation under federal and New York laws; the court also understood the complaint to raise claims under the Family and Medical Leave Act.
Because Dodd was allowed to proceed without paying filing fees, the court directed the Clerk and U.S. Marshals Service to issue summonses and serve the defendants. It extended the service deadline to 90 days after summonses are issued and granted Dodd permission to file electronically.
Judge Vincent L. Briccetti denied Dodd's request for the court to seek a volunteer lawyer, without prejudice to another application later, because it was too early to assess the case's merits. The court also denied fee-free status for any appeal from this order.
The detailed version
- Dodd v. My Sisters' Place, Inc. · No. 7:21-cv-10987
- Vincent Briccetti
- Jan. 21, 2022
Background
Marcus Andre Dodd brought this self-represented action against My Sisters' Place, Inc. (MSP), and named members of MSP's Board of Directors and MSP employees. He asserted claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, and the New York State Human Rights Law, alleging discrimination based on race and disability and retaliation. The court also construed the complaint as asserting claims under the Family and Medical Leave Act.
The court had previously allowed Dodd to proceed without paying filing fees. This order did not decide whether his discrimination, retaliation, or other claims were legally or factually meritorious.
Service of the defendants
Because Dodd was proceeding without paying filing fees, the court ordered the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the Marshals Service with the documents needed to serve the summonses and complaint.
The court extended the service deadline to 90 days after the summonses are issued. It stated that Dodd should request an extension if service is not completed within that period. The court also required Dodd to notify it in writing of any address change and warned that the action could be dismissed if he failed to do so.
Request for counsel and other rulings
Dodd asked the court to request a volunteer lawyer to represent him. The court considered the factors applicable to an indigent litigant's request for counsel, including the apparent merits, efforts to obtain a lawyer, and ability to investigate and present the case without assistance. It denied the application without prejudice to Dodd filing another application later because the case was at too early a stage for the court to assess its merits.
The court granted Dodd's motion for permission to file electronically. It also directed the Clerk to mail him a copy of the order and an information package. Finally, the court certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of such an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.