Bezares v. Buyk Corporation

Background

Yajaira Bezares brought this self-represented lawsuit against Buyk Corporation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. She alleged discrimination based on race and sex. The court construed her factual allegations as also asserting related claims under state law. In an order dated October 25, 2022, the court granted Bezares permission to proceed without paying the filing fee.

Service of Process

Because Bezares was permitted to proceed without paying the filing fee, the court stated that she could rely on the court and the U.S. Marshals Service to serve Buyk Corporation. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary documents to the Marshals Service.

The court extended the time for service to 90 days after the summons is issued. It stated that Bezares should request an extension if service is not completed within that period. The court also instructed her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so. The opinion lists Buyk Corporation’s service addresses as 99 Park Avenue, New York, New York 10016, and 245 East 93rd Street, Suite 22E, New York, New York 10128.

Ruling

Judge Mary Kay Vyskocil ordered the Clerk of Court to issue the summons, complete the service form, and provide the documents to the Marshals Service. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Bezares permission to proceed without paying fees for an appeal. The order addressed service and appeal-fee status; it did not decide whether Buyk Corporation discriminated against Bezares or resolve the asserted claims.