Binns-Harty-Bolt v. McDonough

Background

Rinella Binns-Harty-Bolt filed a lawsuit against Denis R. McDonough, Secretary of the Department of Veterans Affairs. She proceeded without a lawyer and alleged employment discrimination based on race and age under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981a. The court also construed the third amended complaint as asserting claims under the Age Discrimination in Employment Act.

The court had previously granted the plaintiff permission to proceed without paying filing fees. The third amended complaint became the operative pleading on January 21, 2022.

Service of Process

Because the plaintiff was allowed to proceed without paying filing fees, the court determined that she could rely on the court and the U.S. Marshals Service to serve the defendant. Although the usual deadline for service is 90 days after a complaint is filed, the court explained that the plaintiff could not have served the summons and third amended complaint before the court reviewed the pleading and ordered that a summons be issued.

The court therefore extended the service deadline until 90 days after the summons was issued. It stated that, if service was not completed within that period, the plaintiff should request an extension of time.

Order

The court instructed the Clerk of Court to issue a summons, complete the required U.S. Marshals Service process forms with Denis McDonough's address, identify that service was to be made on the United States, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail the plaintiff a copy of the order and an information package.

The plaintiff was required to notify the court in writing if her address changed, and the order stated that the action could be dismissed if she failed to do so. Judge Paul A. Engelmayer's order concerned service of process and did not decide the merits of the discrimination claims.