Peters v. CBS Viacom

Background

Nubia Peters brought this self-represented action against CBS Viacom under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the New York State and New York City Human Rights Laws. She alleged that her former employer discriminated against her based on religion and disability. The court stated that it had previously granted Peters permission to proceed without paying filing fees.

Service of the lawsuit

Because Peters was allowed to proceed without paying filing fees, she could rely on the court and the U.S. Marshals Service to serve CBS Viacom. The court instructed the Clerk of Court to issue a summons, complete the Marshals Service process form with CBS Viacom’s address, and provide the Marshals Service with the documents needed for service.

The court explained that the usual rule generally requires service within 90 days after filing the complaint. Because Peters could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued, the court extended the service period to 90 days after the summons is issued. The court stated that Peters should request more time if service is not completed within that period. It also directed Peters to notify the court in writing of any address change and warned that the action could be dismissed if she failed to do so.

Disposition

The court ordered the Clerk to issue the summons for CBS Viacom and deliver the service materials to the U.S. Marshals Service. The court also certified that any appeal from this order would not be taken in good faith and therefore denied permission to proceed without paying fees for purposes of an appeal. The court directed the Clerk to mail Peters an information package. This order addressed service and appeal-fee status; it did not rule on the merits of Peters’s discrimination claims.