Mercer v. VIACOMCBS/PARAMOUNT

Background

Amirah Mercer, proceeding without a lawyer, brought this action under 28 U.S.C. § 1332 and alleged that VIACOMCBS/PARAMOUNT discriminated against her. The court had previously granted Mercer permission to proceed without paying court fees in advance.

Service of Process

Because Mercer was proceeding without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was ordered to prepare a U.S. Marshals Service Process Receipt and Return form, issue a summons for VIACOMCBS/PARAMOUNT, and provide the Marshals Service with the documents needed to make service.

The order stated that the usual 90-day service period runs from the date the complaint is filed, but that Mercer could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, the order states that Mercer should request an extension of time.

Other Requirement and Disposition

Mercer was required to notify the court in writing if her address changes. The court stated that the action may be dismissed if she fails to do so. The Clerk was also directed to mail Mercer an information package. Judge Lorna G. Schofield entered this order directing issuance of the summons and service through the U.S. Marshals Service; the opinion does not decide whether the discrimination allegation has merit.