Henderson v. Saks Fifth Avenue, Inc.
- Analisa Torres
- 1:22-cv-09925
- U.S. District Court · Southern District of New York
- 4
In Henderson v. Saks Fifth Avenue, Inc., Judge Torres ordered service but denied Henderson’s request for pro bono counsel without prejudice.
Monique Henderson, who must proceed with service through the U.S. Marshals Service and may file another request for volunteer counsel later; and Saks Fifth Avenue, Inc., which is to be served with the lawsuit.
What happened
In Henderson v. Saks Fifth Avenue, Inc., Monique Henderson, representing herself, sued Saks Fifth Avenue, Inc., alleging retaliation and employment discrimination under federal employment laws. She had permission to proceed without paying filing fees.
The court directed the clerk to issue a summons and provide the necessary documents to the U.S. Marshals Service so the defendant could be served. Henderson was told to request more time if service was not completed within 90 days after the summons was issued.
Judge Analisa Torres denied Henderson’s request for the court to seek a volunteer lawyer for her, without prejudice to filing another request later. The court said it was too early to assess the strength of her claims and did not decide their merits.
The detailed version
- Henderson v. Saks Fifth Avenue, Inc. · No. 1:22-cv-09925
- Analisa Torres
- Dec. 9, 2022
Background
Monique Henderson, proceeding without a lawyer, brought claims against Saks Fifth Avenue, Inc. for retaliation and employment discrimination under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The opinion states that Henderson had already been granted permission to proceed without prepaying court fees. She later applied for the court to request a volunteer lawyer to represent her.
Service of process
Because Henderson was permitted to proceed without prepaying fees, the court directed service through the U.S. Marshals Service. The clerk was instructed to issue a summons for Saks Fifth Avenue, complete a U.S. Marshals Service process form with the defendant’s address, and send the required documents to the Marshals Service. The court explained that Henderson should request an extension if the complaint was not served within 90 days after the summons was issued. She was also required to notify the court in writing if her address changed.
Request for counsel
The court denied Henderson’s application for the court to request pro bono counsel, without prejudice to her filing another application later. The court explained that it was too early in the case to evaluate the merits of her claims. The order did not decide whether Henderson’s retaliation or discrimination claims were legally valid.
Disposition
The court directed the clerk to arrange service on Saks Fifth Avenue, Inc. and denied Henderson’s application for a request for pro bono counsel without prejudice. Judge Analisa Torres also directed the clerk to mail Henderson a copy of the order and an information package.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.