Peralta v. PCS USA LLC
- Sarah Cave
- 1:22-cv-09312
- U.S. District Court · Southern District of New York
- 4
In Peralta v. PCS USA LLC, Judge Oetken ordered Marshals service and denied counsel without prejudice.
Yafreici Peralta, PCS USA LLC, and Louis Van Leeuwen. The order arranged service of the lawsuit and denied Peralta’s request for free counsel without prejudice; it did not decide whether the discrimination allegations were valid.
What happened
In Peralta v. PCS USA LLC, Yafreici Peralta, representing herself, brought claims alleging that her employer discriminated against her based on race, ethnicity, and sex.
Because Peralta was allowed to proceed without paying filing fees in advance, the court directed the Clerk and U.S. Marshals Service to prepare and serve PCS USA LLC and Louis Van Leeuwen. The court said service must occur within 90 days after summonses are issued, unless Peralta requests more time.
The court denied Peralta’s request for a free lawyer without prejudice because the case was too early for the court to assess its merits. Judge J. Paul Oetken directed the Clerk to terminate that motion.
The detailed version
- Peralta v. PCS USA LLC · No. 1:22-cv-09312
- Sarah Cave
- Nov. 9, 2022
Background
Yafreici Peralta brought this self-represented lawsuit under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, the New York City Human Rights Law, and other state laws. She alleges that her employer discriminated against her because of her race, ethnicity, and sex. The defendants are PCS USA LLC, doing business as Pitt Cooking Systems and also known as Pitt Cooking Nederland, and Louis Van Leeuwen.
The court had previously allowed Peralta to proceed without paying filing fees in advance. Because she was proceeding under that status, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants.
Service of process
The court directed the Clerk of Court to complete U.S. Marshals Service process forms, issue summonses, and provide the Marshals Service with the documents needed to serve PCS USA LLC and Van Leeuwen. The order identifies a publicly available Connecticut address for both defendants. The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed by then, Peralta should request an extension of time. The court also instructed Peralta to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Request for appointed counsel
Peralta also sought free legal representation. The court considered the factors used for an indigent litigant’s request for counsel, including the apparent merits of the case, efforts to obtain a lawyer, and the person’s ability to investigate and present the case without help. Because the case was at an early stage and the court could not yet assess its merits, it denied the motion for counsel without prejudice, meaning the request could be renewed later. The Clerk was directed to terminate that motion.
Disposition
The court ordered preparation and delivery of the materials needed for Marshals service. It denied Peralta’s motion for counsel without prejudice.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.