Barrios-Contreras v. Big Fish Entertainment, LLC

Background

Liliana Barrios-Contreras brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her based on sex and race. She also asserts state-law claims for defamation, slander, and intentional infliction of emotional distress against Big Fish Entertainment, LLC, Dan Cesareo, Rasheed Daniels, Max Miller, Charmaine Walker, Van Johnson, Corey Robinson, and unidentified defendants.

The court had previously allowed Barrios-Contreras to proceed without prepaying filing fees. It had ordered summonses for Big Fish Entertainment, LLC and Dan Cesareo and directed Barrios-Contreras to provide service addresses for Daniels, Miller, Walker, Johnson, and Robinson. She filed those addresses on August 11, 2023.

Service Ruling

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to complete service. The Clerk of Court was therefore instructed to complete a U.S. Marshals Service Process Receipt and Return form for Daniels, Miller, Walker, Johnson, and Robinson, issue summonses, and send the necessary paperwork to the Marshals Service.

The court stated that service should occur within 90 days after the summonses are issued. If the complaint is not served within that period, Barrios-Contreras should request an extension of time. She was also required to notify the court in writing of any address change, and the court stated that it may dismiss the action if she fails to do so.

Disposition and Effect

The order granted the requested assistance with serving the five remaining defendants. It did not rule on the merits of the discrimination, defamation, slander, or emotional-distress claims. Judge Jessica G. L. Clarke also directed the Clerk of Court to mail an information package to Barrios-Contreras.