Juliani v. Almeida

Background

Nelda Juliani, appearing without a lawyer, alleges that Aleina Almeida and Meridian International Sourcing Group failed to pay her wages from October 5, 2020, through July 7, 2021. The court construed the complaint as asserting a claim under the Fair Labor Standards Act, 29 U.S.C. § 206(a)(1). The court had previously granted Juliani permission to proceed in forma pauperis, meaning without prepaying filing fees.

Service of the Complaint

Because Juliani was allowed to proceed without prepaying fees, the court said she could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin in the ordinary way because Juliani could not have served the summonses and complaint until the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summonses are issued. It stated that, if service is not completed within that period, Juliani should request an extension of time.

Order

Judge Gregory H. Woods instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the documents needed for service to the Marshals Service. The court also required Juliani to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so. The order addressed service and case administration; it did not decide whether Juliani's wage claim is valid.