Morales v. Local 32BJ

Background

Lucia A. Morales, proceeding without a lawyer, brought this action against Local 32BJ SEIU, ABM Industries, and Brookfield Properties. The opinion says that Morales asserts claims based on alleged labor abuse, retaliation for political activities, and discrimination, invoking the court’s authority to hear federal-law claims.

The court had previously granted Morales permission to proceed without prepaying filing fees. The current order addresses service of the lawsuit, not the merits of Morales’s allegations.

Court’s Analysis

A person allowed to proceed without prepaying filing fees may rely on the court and the U.S. Marshals Service to serve the defendants. The court cited the federal statute and rule requiring the court to direct the Marshals Service to serve process in such cases.

The court explained that the usual 90-day service period could not begin in the ordinary way because Morales could not have served the summonses and complaint before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period until 90 days after the summonses are issued.

Ruling

The court directed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the required paperwork to the Marshals Service. The court also directed the Clerk to mail Morales a copy of the order and an information package.

The order states that if the complaint is not served within 90 days after the summonses are issued, Morales should request an extension of time. It also states that Morales must notify the court in writing if her address changes and that the court may dismiss the action if she fails to do so. Judge Jennifer L. Rochon signed the order.