Toussaint v. JF Restaurants

Background

Harold Toussaint filed a case against JF Restaurants, John Fraser, Ben, Mariana, and Amy Racine. He alleges that the defendants discriminated against him because of his race and age, violating the Age Discrimination in Employment Act of 1967 and 42 U.S.C. § 1981. The order states that Toussaint is proceeding without a lawyer and that the filing fees have been paid.

Rulings on Service

The court directed the Clerk of Court to issue summonses for JF Restaurants, John Fraser, and Amy Racine and to mail the summonses and an information package to Toussaint. Toussaint must serve each of those defendants within 90 days after the summons is issued. If he has not served them or requested an extension within that period, the court may dismiss the claims against them for failure to prosecute.

For defendants identified only as Ben and Mariana, the court ordered JF Restaurants to determine their identities and provide their full names and service addresses to Toussaint and the court within 60 days of the order. The court relied on the rule that a self-represented litigant is entitled to the court’s assistance in identifying a defendant when the complaint provides enough information to do so.

Amended Complaint and Next Steps

Within 30 days after receiving the identifying information, Toussaint must file an amended complaint naming Ben and Mariana. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will screen it and issue another order concerning summonses and service for the newly named defendants.

This was an order concerning service, identification of defendants, and the next procedural steps. The court did not decide the merits of Toussaint’s race- or age-discrimination allegations.