Percival v. Zimmerman

Background

Judy Christian Percival brought this action without a lawyer and paid the filing fees. She alleged that her employer discriminated against her because of her race and disability. The complaint invoked Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. The court also said the complaint could be understood to assert a race-discrimination claim under 42 U.S.C. § 1981.

Adding the Employer

The court concluded that Percival clearly intended to assert claims against her employer. It therefore construed the complaint as asserting claims against Axion HealthCare LLC and directed the clerk to amend the case caption to add Axion as a defendant under Federal Rule of Civil Procedure 21. The court specified that adding Axion was without prejudice to any defenses Axion might raise.

Service Order

The clerk was directed to issue summonses for Axion HealthCare LLC, Kelley Zimmerman, Joanne Mullin, Robert Adams, Sylvia Sullivan, and Terri Grover. Percival was directed to serve the summonses and complaint within 90 days after the summonses were issued. If she did not serve the defendants or request an extension within that period, the court stated that it may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.

Disposition

In Percival v. Zimmerman, Judge Analisa Torres issued an order adding Axion HealthCare LLC as a defendant and directing service of the case. The order did not resolve the discrimination claims on their merits.