Barrios-Contreras v. Big Fish Entertainment, LLC

Background

Liliana Barrios-Contreras filed this action without a lawyer. She alleges that her employer discriminated against her based on sex and race under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. She also asserts state-law claims for defamation, slander, and intentional infliction of emotional distress.

The court had previously allowed her to proceed without paying court fees upfront. In such cases, the court and the U.S. Marshals Service handle service of process—the formal delivery of the summons and complaint to defendants.

Service of Process

For Big Fish Entertainment, LLC and Dan Cesareo, the court instructed the Clerk of Court to complete the required U.S. Marshals Service forms, issue summonses, and deliver the necessary documents to the Marshals Service for service. The court extended the service period to 90 days after the summonses are issued. It stated that Barrios-Contreras should request an extension if service is not completed within that period.

Barrios-Contreras had not provided service addresses for Rasheed Daniels, Max Miller, Charmaine Walker, Van Johnson, and Corey Robinson. The court directed her to provide those addresses within 30 days. After receiving the information, the court will direct the issuance of summonses and service by the Marshals Service.

Ruling

Judge Jessica G. L. Clarke ordered service materials for Big Fish Entertainment, LLC and Dan Cesareo and directed Barrios-Contreras to provide addresses for Daniels, Miller, Walker, Johnson, and Robinson within 30 days. If she does not comply within the allowed time and cannot show good cause, the court will dismiss her claims against those defendants without prejudice. The order did not decide whether her discrimination or state-law claims are legally or factually valid.