Crespo v. Kramer Levin Naftalis & Frankel LLP

Background

Yajaira V. Crespo brought this action against Kramer Levin Naftalis & Frankel LLP 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 and retaliated against her based on sex, race, and national origin. Crespo is proceeding without a lawyer.

The court had granted Crespo permission to proceed without paying court fees. In such cases, federal law requires the court to order service of the lawsuit’s papers through the U.S. Marshals Service.

Service Order

The court instructed the Clerk of Court to issue a summons for Kramer Levin Naftalis & Frankel LLP, complete the U.S. Marshals Service process form with the defendant’s address, and provide the Marshals Service with the documents needed to serve the defendant.

The court explained that the usual 90-day service period runs from the date the complaint is filed, but Crespo could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Crespo should ask for more time. The court also directed Crespo to notify it in writing if her address changes and warned that the action could be dismissed if she does not do so.

Ruling and Effect

Judge Valerie Caproni entered an order of service. The order concerns how the defendant will receive the lawsuit papers; it does not rule on the merits of Crespo’s discrimination or retaliation allegations.