Ukshini v. Cushman & Wakefield
- Edgardo Ramos
- 1:23-cv-08388
- U.S. District Court · Southern District of New York
- 5
In Ukshini v. Cushman & Wakefield, Judge Ramos ordered the Marshals Service to serve the defendant in Ukshini’s employment-discrimination case.
Besnik Ukshini and Cushman & Wakefield, Inc.; the order directs the Clerk of Court and U.S. Marshals Service to carry out service of the lawsuit.
What happened
In Ukshini v. Cushman & Wakefield, Besnik Ukshini, representing himself, brought claims against his former employer under federal laws prohibiting discrimination based on age and sex. The court had already allowed him to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue a summons, complete the required service forms, and send the necessary papers to the U.S. Marshals Service so it could serve Cushman & Wakefield, Inc. The court extended the service deadline to 90 days after the summons is issued and told Ukshini to request more time if service is not completed by then.
Judge Edgardo Ramos also directed the Clerk to mail Ukshini an information package and attached information about a free legal clinic for people representing themselves. The order requires Ukshini to notify the court if his address changes and states that the case may be dismissed if he fails to do so.
The detailed version
- Ukshini v. Cushman & Wakefield · No. 1:23-cv-08388
- Edgardo Ramos
- Oct. 18, 2023
Background
Besnik Ukshini filed a pro se action—that is, a lawsuit filed without a lawyer—against his former employer, Cushman & Wakefield, Inc. He alleges discrimination based on age and sex under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The court had previously granted his request to proceed in forma pauperis, meaning without prepaying court fees.
Service of the Lawsuit
Because Ukshini was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. Under the cited federal statute and procedural rule, the court must order Marshals Service assistance in serving process in such cases.
The court directed the Clerk of Court to prepare a U.S. Marshals Service process form for Cushman & Wakefield, Inc., issue a summons, and deliver the necessary documents to the Marshals Service. The court extended the time for service to 90 days after the summons is issued, explaining that Ukshini could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, the order states that Ukshini should request an extension of time.
Additional Instructions and Disposition
The court instructed Ukshini to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so. It also directed the Clerk to mail him an information package and attached information about the New York Legal Assistance Group’s free clinic for people representing themselves in civil lawsuits. The clinic is operated by a private organization and is not part of the court.
Judge Edgardo Ramos ordered the Clerk of Court to issue the summons, complete the service forms, and provide the documents to the U.S. Marshals Service. He also ordered the Clerk to mail Ukshini the information package. The order addressed service and related administrative matters; it did not decide whether Ukshini’s discrimination allegations are legally or factually valid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.