Johnson v. Schuchert
- Katharine Parker
- 1:22-cv-03787
- U.S. District Court · Southern District of New York
- 3
In Johnson v. Schuchert, Judge Rochon ordered U.S. Marshals service for a plaintiff allowed to proceed without paying fees, without deciding the discrimination claims.
Vandyke Johnson, the five named defendants, the Clerk of Court, and the U.S. Marshals Service; the order set the process for serving the defendants but did not resolve the underlying discrimination claims.
What happened
Vandyke Johnson, representing himself, sued Columbia University, UAW Local 2110, Paul J. Schuchert, Juan Alberto Hernandez, and Rene Casiano under federal, state, and city laws, alleging race and color discrimination by his former employer. The court had previously allowed him to proceed without paying filing fees.
Because Johnson was proceeding without paying fees, the court directed the Clerk of Court to issue summonses, complete service forms, and provide the U.S. Marshals Service with the documents needed to serve the five defendants. The court explained that service would be due within 90 days after the summonses were issued and that Johnson could request more time if necessary.
Judge Jennifer L. Rochon issued an order of service directing these steps. The order addressed service only and did not decide whether Johnson’s discrimination allegations were valid.
The detailed version
- Johnson v. Schuchert · No. 1:22-cv-03787
- Katharine Parker
- Oct. 31, 2022
Background
Vandyke Johnson, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged that his former employer discriminated against him because of his race and color. The court had previously granted his request to proceed without paying filing fees.
Service of Process
The court explained that a plaintiff allowed to proceed without paying fees may rely on the court and the U.S. Marshals Service to serve the defendants. Because Johnson could not have served the summonses and complaint before the court reviewed the complaint and ordered summonses to be issued, the court extended the service period to 90 days after the summonses were issued.
The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant; issue summonses; and send the Marshals Service the documents needed to serve Columbia University, UAW Local 2110, Paul J. Schuchert, Juan Alberto Hernandez, and Rene Casiano. The court also directed the Clerk to mail Johnson an information package.
Result
The order directed the Clerk and the Marshals Service to carry out service. It stated that Johnson should request an extension if the Amended Complaint was not served within 90 days after the summonses were issued. It also required Johnson to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so. The order did not decide the merits of Johnson’s discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.