Howard v. Amazon Fulfillment
- Carter
- 1:22-cv-04222
- U.S. District Court · Southern District of New York
- 3
In Howard v. Amazon Fulfillment, Judge Carter ordered service of the disability-discrimination complaint through the Marshals Service.
Andrea J. Howard, Amazon Fulfillment, the Clerk of Court, and the U.S. Marshals Service.
What happened
Andrea J. Howard sued Amazon Fulfillment, alleging that her employer discriminated against her because of a disability. She brought claims under the Americans with Disabilities Act and New York City law; the court also understood the complaint to raise a wage-law claim.
The court had allowed Howard to proceed without paying filing fees. Because of that, it ordered the Clerk of Court to issue a summons and provide the necessary papers to the U.S. Marshals Service so the Marshals could serve Amazon Fulfillment.
Judge Andrew L. Carter Jr. ordered that service occur within 90 days after the summons is issued. The court said Howard should request more time if service is not completed by then and must notify the court in writing if her address changes.
The detailed version
- Howard v. Amazon Fulfillment · No. 1:22-cv-04222
- Carter
- June 6, 2022
Background
Andrea J. Howard filed this action without a lawyer against Amazon Fulfillment. She alleges that her employer discriminated against her because of a disability. The complaint invokes the Americans with Disabilities Act of 1990 and the New York City Human Rights Law. The court also construes the complaint as asserting a claim under the Fair Labor Standards Act, a federal wage-and-hour law.
The court had granted Howard permission to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Amazon Fulfillment, issue a summons, and deliver the documents needed for service to the Marshals Service. The opinion lists the service address as Amazon Fulfillment Center, 546 Gulf Avenue, Staten Island, New York 10314.
The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Howard should request an extension of time. The court also required Howard to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Disposition
The order concerns service of process and does not decide whether Howard proved disability discrimination or any wage-law violation. The Clerk of Court was directed to mail Howard an information package and to issue and arrange service of the summons and related papers.
The opinion identifies Analisa Torres as the judge in the body, but the order is signed by Andrew L. Carter Jr.; this summary uses the judge's signed name.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.