Anderson v. Schneider National Inc.
- Philip Halpern
- 7:22-cv-01689
- U.S. District Court · Southern District of New York
- 3
In Anderson v. Schneider National Inc., Judge Halpern ordered new service efforts, extending the deadline without deciding the discrimination claims.
Alishia Anderson, Schneider National Inc., and Scott Tomick; the order also directs the Clerk of Court and the U.S. Marshals Service to take further service-related actions.
What happened
Alishia Anderson brought an employment discrimination action against Schneider National Inc. and Scott Tomick. She was allowed to proceed without paying filing fees, so the court and U.S. Marshals Service were responsible for serving the defendants.
The Marshals could not serve either defendant at the Montgomery, New York address because it was a vacant field. The court directed that both defendants be served at the Green Bay, Wisconsin address provided in the order.
Judge Halpern directed the Clerk of Court to prepare new service forms and summonses and send the necessary papers to the Marshals Service. He also extended the service period until 90 days after the new summonses are issued; the order did not decide the discrimination claims.
The detailed version
- Anderson v. Schneider National Inc. · No. 7:22-cv-01689
- Philip Halpern
- May 26, 2022
Background
Alishia Anderson brought an employment discrimination action against Schneider National Inc. and Scott Tomick, whom the complaint identifies as Schneider’s “Driver Business Leader.” Anderson was granted permission to proceed without paying filing fees. In such cases, the court must direct the U.S. Marshals Service to serve the defendants.
The complaint provided a Montgomery, New York address for Tomick and a Green Bay, Wisconsin address for Schneider. An Equal Employment Opportunity Commission letter attached to the complaint also listed the Montgomery address for Schneider. The court previously directed the Clerk of Court to give the Marshals that Montgomery address for service on both defendants.
Service Problem
The Marshals filed process forms stating that neither defendant could be served at the Montgomery address because the location was “a vacant field.”
Court’s Action
The court directed the Marshals to attempt service on both defendants at the Green Bay, Wisconsin address listed in the order. It directed the Clerk of Court to complete service forms for Schneider National Inc. and Scott Tomick, issue new summonses for each defendant, and provide the Marshals with the paperwork needed to serve them.
The court extended the time for service until 90 days after the new summonses are issued. If service is not completed within that period, Anderson should request an additional extension. This order addressed service of process only; it did not decide the merits of Anderson’s employment discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.