Caro v. Community Access Inc.
- Rearden
- 1:23-cv-03512
- U.S. District Court · Southern District of New York
- 3
In Caro v. Community Access Inc., Judge Rearden ordered U.S. Marshals service after allowing Caro to proceed without paying fees.
Randy Caro, Community Access Inc., the Clerk of Court, and the U.S. Marshals Service.
What happened
In Caro v. Community Access Inc., Randy Caro, representing himself, sued his former employer under Title VII, alleging race discrimination.
The court had previously allowed Caro to proceed without paying court fees. This order directed the Clerk of Court to issue a summons, complete the required service form, and give the necessary documents to the U.S. Marshals Service so it could serve Community Access Inc.
Judge Jennifer H. Rearden also extended the service deadline to 90 days after the summons is issued and instructed Caro to request more time if service is not completed by then. The order addressed service and did not decide whether Caro’s discrimination allegations were valid.
The detailed version
- Caro v. Community Access Inc. · No. 1:23-cv-03512
- Rearden
- May 23, 2023
Background
Randy Caro, proceeding without a lawyer, brought a lawsuit under Title VII of the Civil Rights Act of 1964 against his former employer, Community Access Inc. He alleges that the employer discriminated against him because of his race. The opinion states that, in an April 27, 2023 order, the court granted Caro permission to proceed without prepaying court fees.
Service of the lawsuit
Because Caro was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was directed to:
- issue a summons; - complete a U.S. Marshals Service Process Receipt and Return form for Community Access Inc.; and - deliver the summons and other necessary paperwork to the Marshals Service so it could serve Community Access Inc. at the address listed in the order.
The court extended the time for service to 90 days after the summons is issued. If the lawsuit is not served within that period, Caro was instructed to request an extension of time. He was also required to notify the court in writing if his address changes, and the court stated that the action may be dismissed if he fails to do so.
Ruling
Judge Jennifer H. Rearden entered an order directing the Clerk of Court and the U.S. Marshals Service to carry out service of the lawsuit. The order did not decide the merits of Caro’s race-discrimination claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.