Garnes v. Pritchard Industries, Inc.
- Paul Engelmayer
- 1:23-cv-06699
- U.S. District Court · Southern District of New York
- 3
In Garnes v. Pritchard Industries, Judge Engelmayer ordered U.S. Marshals service after Garnes was allowed to proceed without prepaying fees.
Mark Garnes, Pritchard Industries, Inc., the Clerk of Court, and the U.S. Marshals Service.
What happened
In Garnes v. Pritchard Industries, Inc., Mark Garnes, representing himself, sued his former employer under federal, state, and city laws, alleging race and religion discrimination and breach of a collective bargaining agreement. The court had already allowed him to proceed without prepaying court fees.
The court directed the Clerk of Court to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service so it could serve Pritchard Industries. Garnes has 90 days after the summons is issued to complete service or request more time, and he must notify the court of any address change.
Judge Paul A. Engelmayer issued this service order. The order addresses how the case will be served and does not decide whether Garnes’s claims are legally or factually valid.
The detailed version
- Garnes v. Pritchard Industries, Inc. · No. 1:23-cv-06699
- Paul Engelmayer
- Aug. 23, 2023
Background
Mark Garnes brings this case without a lawyer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. He alleges that his former employer, Pritchard Industries, Inc., discriminated against him because of his race and religion. He also asserts claims under the Labor Management Relations Act, alleging that Pritchard Industries breached a collective bargaining agreement.
The court had previously granted Garnes permission to proceed without prepaying court fees. The opinion also states that the case was accepted as related to two other cases pending before the court.
Service of Process
Because Garnes 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 Pritchard Industries. The court referred to Federal Rule of Civil Procedure 4(c)(3), which requires the court to order service by the Marshals Service when a plaintiff is authorized to proceed without prepaying fees.
The court also explained that the usual 90-day service period could not begin in the ordinary way because Garnes could not serve the summons and complaint until the court reviewed the complaint and ordered that a summons be issued. The court therefore stated that the service period would run for 90 days after the summons is issued. If service is not completed within that period, Garnes should request an extension of time. The opinion states that requesting an extension remains the plaintiff’s responsibility.
Order
The court directed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with Pritchard Industries’ address, and deliver all documents necessary for service to the Marshals Service. The Clerk was also directed to mail Garnes an information package. Garnes must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
This order addresses service of the lawsuit. It does not rule on the merits of Garnes’s discrimination or collective-bargaining-agreement claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.