Hamilton v. Uber Technologies, Inc.

Background

Demezz Hamilton, who is representing himself, brought claims against Uber Technologies, Inc. under 42 U.S.C. § 1981 and state law. The court said the complaint could also be read to assert claims under Title II of the Civil Rights Act of 1964. In an earlier order dated August 15, 2022, the court allowed Hamilton to proceed without paying court fees in advance.

Service of Process

Because Hamilton was allowed to proceed without prepaid fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Uber. The Clerk of Court was instructed to complete the required service forms, issue a summons for Uber, and give the Marshals Service the documents needed to make service.

The court extended the service deadline to 90 days after the summons is issued. If Uber is not served within that period, Hamilton must request an extension of time. The court also stated that Hamilton must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Conclusion and Effect

The court ordered the Clerk to issue the summons, complete the service forms with Uber’s address, and deliver the necessary documents to the Marshals Service. It also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaid fees for purposes of an appeal. The order did not rule on the merits of Hamilton’s claims.