Mbacke v. Rising Ground Inc.

Background

Khady Mbacke brought this action without a lawyer against Rising Ground Inc. He alleged that his employer discriminated against him because of his race, religion, and national origin under Title VII of the Civil Rights Act of 1964. The court also construed the complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law.

The court had granted Mbacke permission to proceed without paying court fees in an order dated August 22, 2022. In cases proceeding under that permission, federal law and the Federal Rules of Civil Procedure require the court to order the U.S. Marshals Service to serve the summons and complaint when appropriate.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Rising Ground Inc., issue a summons, and deliver the necessary paperwork to the U.S. Marshals Service for service on Rising Ground Inc. The opinion lists Rising Ground Inc.’s service address as 463 Hawthorne Avenue, Yonkers, New York 10705.

Although the usual service deadline is 90 days after the complaint is filed, the court explained that Mbacke could not have served the papers before the court reviewed the complaint and issued the summons. The court therefore stated that service must occur within 90 days after the summons is issued, and that Mbacke should request an extension if service is not completed within that period. The court also directed Mbacke to notify the court in writing of any address change and warned that the action may be dismissed if he fails to do so.

Disposition

Judge Vernon S. Broderick ordered service of the summons on Rising Ground Inc. through the U.S. Marshals Service. This order addressed service and case administration; it did not resolve the discrimination claims or the related state and city claims on their merits.