Howard v. Amazon Fulfillment
- Carter
- 1:22-cv-04222
- U.S. District Court · Southern District of New York
- 3
In Howard v. Amazon Fulfillment, Judge Carter ordered renewed service efforts for Howard’s disability-discrimination case.
Howard and Amazon Fulfillment; the order also directs the Clerk of Court and the U.S. Marshals Service to take further steps to serve the lawsuit.
What happened
In Howard v. Amazon Fulfillment, Howard, representing herself, alleges that Amazon Fulfillment discriminated against her because of a disability. She brought claims under the Americans with Disabilities Act and New York City’s Human Rights Law; the court also understood the complaint to raise a wage-and-hour claim under the Fair Labor Standards Act.
The court had allowed Howard to proceed without paying court fees in advance and had directed federal marshals to serve Amazon Fulfillment. The marshals attempted service on November 28, 2022, but Amazon Fulfillment said it would accept service only through its legal department at the listed address in Tumwater, Washington.
The court ordered the Clerk of Court to issue an amended summons, complete the required service form, and provide the necessary papers to the federal marshals. The order did not decide whether Howard’s claims have merit. Judge Andrew L. Carter, Jr. also said Howard should request more time if service is not completed within 90 days after the summonses are issued and must notify the court in writing if her address changes.
The detailed version
- Howard v. Amazon Fulfillment · No. 1:22-cv-04222
- Carter
- Jan. 24, 2023
Background
Howard filed this action without a lawyer, alleging that her employer, Amazon Fulfillment, discriminated against her based on a disability. The opinion identifies claims under the Americans with Disabilities Act of 1990 and the New York City Human Rights Law. The court also construed the complaint as asserting a claim under the Fair Labor Standards Act, a federal law governing certain wage-and-hour matters.
The court had previously allowed Howard to proceed without prepaying filing fees. It also previously issued an order allowing her to rely on the court and the U.S. Marshals Service to serve Amazon Fulfillment with the lawsuit. On November 28, 2022, the Marshals Service attempted service, but Amazon Fulfillment stated that it would accept service of the complaint and summons only through its legal department at the service address provided in the order.
Court’s Action
The court issued an amended order of service. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Amazon Fulfillment, issue an amended summons, and provide the Marshals Service with the documents needed to serve Amazon Fulfillment at the listed address: Amazon.com, Inc., Corporation Service Company, 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, Washington 98501, Attention: Legal Department—Legal Process.
The court stated that if the complaint is not served within 90 days after the summonses are issued, Howard should request an extension of time for service. It also required Howard to notify the court in writing if her address changes and warned that the case may be dismissed if she fails to do so. The order addressed service and case administration; it did not decide the merits of Howard’s discrimination or wage-and-hour allegations.
Disposition
The Clerk of Court was directed to mail Howard an information package, issue the amended summons, complete the service form, and deliver the necessary documents to the Marshals Service. The amended order of service was entered on January 24, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.