Jean-Louis v. Fountain House

Background

Marise Jean-Louis brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, alleging that Fountain House discriminated against her based on religion. The Court construed her factual allegations as also asserting related state-law claims. The Court had previously granted her permission to proceed without paying filing fees.

Service of Process

Because Jean-Louis was proceeding without paying filing fees, the Court determined that she could rely on the Court and the U.S. Marshals Service to serve Fountain House. The Court explained that, in such cases, the Court must direct the Marshals Service to serve the defendant.

The Court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Fountain House, issue a summons, and deliver the summons and other necessary paperwork to the Marshals Service. The opinion identifies Fountain House’s service address as 425 W. 47th Street, New York, New York 10036.

The Court stated that service should occur within 90 days after the summons is issued. If service is not completed within that period, the order states that Jean-Louis should request an extension of time. The order also requires her to notify the Court in writing if her address changes and warns that the action may be dismissed if she fails to do so.

Ruling

Judge Valerie Caproni ordered the Clerk to issue the summons, complete the service form, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Jean-Louis an information package. This order addressed service of process and did not decide the merits of the discrimination or state-law claims.