Best v. Parkchester Preservation Mgmt LLC
- Lorna Schofield
- 1:23-cv-02555
- U.S. District Court · Southern District of New York
- 3
In Best v. Parkchester, Judge Schofield ordered Marshals Service to serve defendants in Laura Best’s fee-free lawsuit.
Laura Best and the three named defendants—Parkchester Preservation Management, LLC; PPC Property Service; and Olshan Properties—are affected. The Clerk of Court and the U.S. Marshals Service are directed to take steps to serve the defendants.
What happened
In Best v. Parkchester Preservation Management, LLC, Laura Best, representing herself, brought claims under federal and state employment-discrimination laws. The court had already allowed her to proceed without paying filing fees upfront and read her complaint as raising additional discrimination claims.
Because Best was allowed to proceed without prepaying fees, the court ordered the U.S. Marshals Service to serve Parkchester Preservation Management, LLC, PPC Property Service, and Olshan Properties. The court extended the service deadline to 90 days after the summonses are issued and told Best to request more time if service is not completed.
Judge Lorna G. Schofield issued an order of service directing the Clerk of Court to prepare the summonses and service forms, send an information package to Best, and provide the necessary documents to the Marshals Service. The order did not decide whether Best’s discrimination claims have merit.
The detailed version
- Best v. Parkchester Preservation Mgmt LLC · No. 1:23-cv-02555
- Lorna Schofield
- Mar. 31, 2023
Background
Laura Best filed this action without a lawyer under 42 U.S.C. § 1981 and the Age Discrimination in Employment Act. The court construed her allegations as also asserting claims under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the New York State and New York City Human Rights Laws. In an earlier order dated March 27, 2023, the court allowed Best to proceed without prepaying filing fees.
Service of Process
Because Best was allowed to proceed without prepaying fees, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the summonses and other necessary paperwork to the Marshals Service for service on Parkchester Preservation Management, LLC; PPC Property Service; and Olshan Properties.
The court explained that the usual 90-day deadline for service runs from the date the complaint is filed, but that Best could not serve the summonses and complaint until the court reviewed the complaint and ordered the summonses issued. The court therefore extended the service period to 90 days after the summonses are issued. It stated that Best should request an extension if service is not completed within that period and must notify the court in writing if her address changes. The court also warned that the action may be dismissed if she fails to keep the court informed of an address change.
Ruling and Effect
Judge Lorna G. Schofield issued an order of service. The Clerk of Court was instructed to mail Best an information package, complete the service forms with the defendants’ addresses, and provide the service materials to the U.S. Marshals Service. The order addressed service procedures only; it did not resolve the merits of Best’s discrimination claims.
Classification Basis
This is a procedural order because it concerns service of process and does not decide whether Best’s claims are legally or factually valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.