Hamilton v. Enterprise Holdings inc.

Background

Demezz Hamilton brings a self-represented lawsuit against Enterprise Holdings Inc., doing business as Enterprise Rent-A-Car, and Jessica Sirow, identified as an Enterprise area rental manager. Hamilton alleges discrimination based on race and national origin under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State and New York City Human Rights Laws.

The court had previously granted Hamilton permission to proceed without prepaying court fees. This status is commonly called proceeding in forma pauperis, or IFP.

Service Order

Because Hamilton was granted IFP status, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses for Enterprise and Sirow, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the service addresses, and give the Marshals Service the documents needed for service.

The court stated that the complaint must be served within 90 days after the summonses are issued. If service is not completed by then, Hamilton should request an extension of time. The court also directed the Clerk to mail Hamilton a copy of the order and an information package.

Other Requirement and Effect

Hamilton must notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to do so.

Judge Paul G. Gardephe’s order concerns service of the lawsuit and related administrative requirements. It does not decide the merits of Hamilton’s discrimination allegations or the defendants’ potential defenses.