Barrios-Contreras v. Big Fish Entertainment, LLC

Background

Liliana Barrios-Contreras brought this pro se action under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. She alleges that her employer discriminated against her because of her sex and race. She also asserts state-law claims for defamation, slander, and intentional infliction of emotional distress.

The court previously allowed Barrios-Contreras to proceed without paying filing fees in advance. Because she was proceeding without paying those fees, she was entitled to rely on the court and the U.S. Marshals Service to serve the defendants. The court had issued summonses and arranged service, but mail service on Rasheed Daniels, Max Miller, Charmaine Walker, Van Johnson, and Corey Robinson was returned unexecuted. Barrios-Contreras then provided updated service addresses for Big Fish Entertainment, LLC, Dan Cesareo, Daniels, Miller, Walker, Johnson, and Robinson.

Ruling

Judge Jessica G. L. Clarke instructed the Clerk of Court to issue summonses for Big Fish Entertainment, LLC, Dan Cesareo, Rasheed Daniels, Max Miller, Charmaine Walker, Van Johnson, and Corey Robinson. The Clerk was also instructed to complete the U.S. Marshals Service process forms with the provided addresses and deliver the necessary paperwork to the Marshals Service so it could attempt service.

The court extended the time for service to 90 days after the summonses are issued. It stated that, if service is not completed within that period, Barrios-Contreras should request an extension. The court also directed her to notify the court in writing if her address changes and warned that the action could be dismissed if she fails to do so. The order did not resolve the discrimination, defamation, slander, or emotional-distress claims.