Herschman v. DeCicco of Katonah, LLC
- Kenneth Karas
- 7:22-cv-08890
- U.S. District Court · Southern District of New York
- 4
In Herschman v. DeCicco of Katonah, LLC, Judge Karas ordered U.S. Marshals service for the defendants after granting Herschman permission to proceed without prepaying fees.
Vicki Herschman, who is representing herself, receives court-assisted service through the U.S. Marshals Service. DeCicco of Katonah, LLC, James Capriotti, and Christina DeCicco are the defendants to be served.
What happened
Herschman v. DeCicco of Katonah, LLC concerns Vicki Herschman’s claims that her former employer discriminated against her because of her race, color, religion, and age. She sued DeCicco of Katonah, LLC, James Capriotti, and Christina DeCicco under federal and New York employment-discrimination laws while representing herself.
The court had already allowed Herschman to proceed without prepaying court fees. It therefore ordered the Clerk of Court to issue summonses, prepare the required service forms, and give the necessary documents to the U.S. Marshals Service so the defendants could be served. Herschman must request more time if service is not completed within 90 days after the summonses are issued.
Judge Kenneth M. Karas’s order addresses service of the lawsuit, not whether Herschman’s discrimination claims are valid. The Clerk was also directed to mail Herschman an information package, and she was warned to notify the court in writing if her address changes.
The detailed version
- Herschman v. DeCicco of Katonah, LLC · No. 7:22-cv-08890
- Kenneth Karas
- Oct. 27, 2022
Background
Vicki Herschman, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State Human Rights Law. She alleges that her former employer discriminated against her based on race, color, religion, and age. The defendants are DeCicco of Katonah, LLC, James Capriotti, and Christina DeCicco.
The court had previously granted Herschman permission to proceed without prepaying filing fees. In such cases, the court must direct the U.S. Marshals Service to serve the summons and complaint.
Order
Judge Kenneth M. Karas ordered the Clerk of Court to issue summonses for all three defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the necessary papers to the Marshals Service for service.
The order states that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Herschman should ask for an extension of time. She must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she fails to do so. The Clerk was further directed to mail Herschman an information package.
Effect of the Order
This is an order arranging service of the lawsuit. It does not decide whether Herschman’s employment-discrimination allegations are proven or whether the defendants are liable.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.