Williams v. Breaking Ground Housing Development Fund Corporation
- Carter
- 1:22-cv-08715
- U.S. District Court · Southern District of New York
- 3
In Williams v. Breaking Ground, Judge Carter ordered the U.S. Marshals Service to serve defendants in Williams’s workplace-discrimination case.
The order affects Derick Louis Williams, the three named defendants, the Clerk of Court, and the U.S. Marshals Service by directing the steps for serving the defendants.
What happened
Derick Louis Williams v. Breaking Ground Development Fund Corporation, Karen Warner, and Muhamet Islamovic concerns Williams’s claims that his former employer fired him after falsely accusing him of sexual harassment, because of his sex. He sued under Title VII and New York’s Human Rights Law and is representing himself.
The court had already allowed Williams to proceed without paying filing fees. It therefore directed the Clerk of Court to issue summonses and prepare service forms for each defendant, and directed the U.S. Marshals Service to serve them. The court extended the service deadline to 90 days after the summonses are issued.
The court entered an order of service rather than deciding whether Williams’s discrimination or retaliation claims are valid. Judge Carter also directed the Clerk to mail Williams an information package and warned that Williams must notify the court of any address change.
The detailed version
- Williams v. Breaking Ground Housing Development Fund Corporation · No. 1:22-cv-08715
- Carter
- Mar. 27, 2023
Background
Williams, who is representing himself, brings claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. He alleges that his former employer discriminated and retaliated against him because of his sex by firing him after falsely accusing him of sexual harassment.
The court had previously granted Williams permission to proceed without paying filing fees. Because he was proceeding under that permission, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Order
The court directed the Clerk of Court to issue summonses for Breaking Ground Development Fund Corporation, Karen Warner, and Muhamet Islamovic. The Clerk was also directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant and provide the Marshals Service with the documents needed to make service.
The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Williams should ask for more time. The court also directed the Clerk to mail Williams an information package and stated that Williams must notify the court in writing if his address changes; the court may dismiss the action if he does not do so.
Disposition and significance
The court entered an order directing service. It did not decide the merits of Williams’s discrimination or retaliation allegations. Judge Andrew L. Carter, Jr. signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.