Mercer v. VIACOMCBS/PARAMOUNT

Background

Amirah Mercer, who was representing herself, brought this action alleging that VIACOMCBS/PARAMOUNT discriminated against her. In an earlier order, the court granted Mercer permission to proceed without prepaying filing fees.

Service of Process

A plaintiff permitted to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendant. The court noted that Mercer could not have served the summons and complaint before the court reviewed the complaint and ordered the summons issued. It also noted that earlier attempts to serve the defendant had not succeeded.

The court extended the time for service. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for VIACOMCBS/PARAMOUNT using the address listed in the order, issue a summons, and deliver the necessary paperwork to the Marshals Service. If Mercer did not receive notice that the complaint had been served within 90 days after the summons was issued, the court directed her to request an extension of time. The court also stated that Mercer must notify it in writing if her address changes and that the action could be dismissed if she failed to do so.

Ruling

Judge Lorna G. Schofield ordered the Clerk of Court to issue the summons, prepare the service form, and provide the documents to the U.S. Marshals Service. The court also directed the Clerk to mail Mercer an information package. The order addressed service procedures and did not decide whether the discrimination allegations were valid.