Ohlund v. Blinken

Background

Patricia J. Ohlund, representing herself, brought claims under the Age Discrimination in Employment Act and German law. She alleged that her former employer discriminated against her because of her age. The defendant is Anthony Blinken, sued in his official capacity as Secretary of the U.S. Department of State.

The court had previously granted Ohlund permission to proceed without paying filing fees, a status commonly called proceeding in forma pauperis. This order addressed service of the lawsuit, not the merits of her discrimination claims.

Service of Process

The court explained that a plaintiff proceeding without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendant. Ordinarily, Federal Rule of Civil Procedure 4(m) requires service within 90 days after the complaint is filed. The court extended Ohlund’s service deadline to 90 days after the summons is issued because she could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued.

The court stated that, if the complaint is not served within that period, Ohlund should request an extension of time. It also stated that the Marshals Service’s failure to serve may constitute good cause for an extension when a plaintiff proceeding without fees has provided the information needed to identify the defendant.

Order

The court instructed the Clerk of Court to issue a summons, complete the U.S. Marshals Service process forms with Blinken’s address, mark the forms for service on the United States, and deliver all necessary documents to the Marshals Service. The Clerk was also directed to mail Ohlund a copy of the order and an information package.

Ohlund must notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so. Judge Lorna G. Schofield’s order concerned service and case administration; it did not resolve the age-discrimination or German-law claims.