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S.D.N.Y.Procedural orderFiled Nov. 4, 2022

Liu v. The Nielsen Company LLC

Judge
Lewis Liman
Docket
1:22-cv-09084
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Frank Liu v. The Nielson Company, Judge Liman ordered service and allowed electronic filing in Liu’s discrimination case.

Who this affects

Frank Liu and the defendants The Nielson Company (US) LLC and TNC Holdings; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendants.

What happened

Frank Liu v. The Nielson Company (US) LLC is a case in which Liu, representing himself, alleges that his former employer discriminated and retaliated against him because of his race.

The court had allowed Liu to proceed without paying filing fees in advance. It ordered the Clerk’s Office and U.S. Marshals Service to issue summonses and serve The Nielson Company and TNC Holdings, and extended the service deadline to 90 days after the summonses are issued.

Judge Lewis J. Liman granted Liu’s request to use electronic filing and directed the Clerk to terminate his separate motion for a judge to be assigned. The order addressed service and case administration, not whether Liu’s discrimination claims were valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Liu v. The Nielsen Company LLC · No. 1:22-cv-09084
Judge
Lewis Liman
Date
Nov. 4, 2022

Background

Frank Liu brings this action without a lawyer under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981(a). He alleges that his former employer discriminated and retaliated against him because of his race. The opinion does not decide whether those allegations are true.

The court had previously granted Liu permission to proceed without paying court fees in advance. Because he was proceeding under that permission, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Rulings

The court directed the Clerk of Court to issue summonses for The Nielson Company and TNC Holdings, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service for service. The court stated that service must occur within 90 days after the summonses are issued and that Liu should request an extension if service is not completed by then.

The court also granted Liu’s motion for permission to file documents electronically. It directed the Clerk to terminate Liu’s motion for a judge to be assigned to the case and to mail Liu an information package. Liu must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Effect of the Order

This was an order about starting and administering the case. It did not determine the merits of Liu’s race-discrimination or retaliation claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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