Shih v. The Broadway League

Background

Pim Shih, who is proceeding without a lawyer, brought claims against The Broadway League alleging discrimination based on religion, race, and national origin. The court had previously allowed Shih to proceed without paying court fees in advance.

Service of the Lawsuit

Because Shih 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 the summons and complaint. The court extended the usual 90-day service period so that it would run for 90 days after the summons is issued.

The court instructed the Clerk of Court to issue the summons, complete the U.S. Marshals Service process form with The Broadway League’s address, and send the required documents to the Marshals Service. The court stated that Shih should request an extension if service is not completed within that period. It also required Shih to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Disposition

The court ordered the Clerk to take the steps necessary for Marshals Service of the lawsuit on The Broadway League. It also certified that an appeal from the order would not be taken in good faith and denied Shih permission to appeal without prepaying fees. The order did not rule on the merits of Shih’s discrimination claims.

The document’s opening identifies John P. Cronan as the United States District Judge, while the order is signed by Robert W. Lehrburger, United States Magistrate Judge. This summary identifies Lehrburger as the signing judge and flags the discrepancy.