Golubovych v. Saks 5th Avenue, Inc.
- Vyskocil
- 1:22-cv-09923
- U.S. District Court · Southern District of New York
- 3
In Golubovych v. Saks 5th Avenue, Judge Vyskocil ordered Marshals service after Plaintiff was allowed to proceed without prepaying fees.
Larysa Golubovych and Saks 5th Avenue, Inc.; the order directs the Clerk of Court and the U.S. Marshals Service to arrange service.
What happened
Larysa Golubovych brought this case against Saks 5th Avenue, Inc. under the Age Discrimination in Employment Act, alleging that her employer discriminated against her because of her age. She is representing herself.
The court had previously allowed Golubovych to proceed without prepaying filing fees. Because of that status, she may rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the service deadline to 90 days after the summons is issued.
Judge Mary Kay Vyskocil ordered the Clerk of Court to issue the summons, complete the service form, and provide the necessary documents to the Marshals Service. The order also instructed Golubovych to request more time if service is not completed within 90 days and to notify the court if her address changes.
The detailed version
- Golubovych v. Saks 5th Avenue, Inc. · No. 1:22-cv-09923
- Vyskocil
- Dec. 15, 2022
Background
Larysa Golubovych filed a pro se employment-discrimination action under the Age Discrimination in Employment Act of 1967, alleging that Saks 5th Avenue, Inc., her employer, discriminated against her based on her age. In an earlier order dated November 22, 2022, the court granted her permission to proceed in forma pauperis, meaning without prepaying court fees.
Service of the Defendant
Because Golubovych was permitted to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that federal law requires the court to direct the Marshals Service to serve process in cases brought by plaintiffs with this status.
The court also stated that the usual 90-day service period could not begin to operate against Golubovych before the court reviewed the complaint and ordered issuance of the summons. It therefore extended the time for service until 90 days after the summons is issued. If service is not completed within that period, Golubovych should request an extension of time. The court also instructed her to notify the court in writing if her address changes and warned that the action may be dismissed if she fails to do so.
Ruling
Judge Mary Kay Vyskocil ordered the Clerk of Court to issue a summons for Saks 5th Avenue, Inc., complete the U.S. Marshals Service Process Receipt and Return form with the defendant's address, and deliver the necessary paperwork to the Marshals Service. The Clerk was also instructed to mail Golubovych an information package. The opinion is an order arranging service; it does not decide whether the alleged age discrimination occurred.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.