Elboute v. Highgate Hotels.LP

Background

Elboute filed this self-represented employment-discrimination action against Highgate Hotels, L.P./OYO Hotel Times Square. The complaint asserts claims under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law.

By an earlier order dated September 8, 2022, the court granted Elboute permission to proceed without paying filing fees in advance. A plaintiff proceeding under that permission may rely on the court and the U.S. Marshals Service to serve the defendant.

Order

The court ordered the Clerk of Court to issue a summons for Highgate Hotels, L.P./OYO Hotel Times Square, complete the required service form with the defendant's address, and provide the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to mail Elboute an information package.

The court stated that service must occur within 90 days after the summons is issued. If service is not completed within that period, Elboute should request an extension. The court also stated that Elboute must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition and Effect

This is an order arranging service of the lawsuit; it does not decide whether Elboute's discrimination claims are legally valid. The order affects Elboute, Highgate Hotels, L.P./OYO Hotel Times Square, the Clerk of Court, and the U.S. Marshals Service.