Grullon v. Sodexo

Background

Jose Grullon, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The complaint could also be read to assert claims under the New York State Human Rights Law and the New York City Human Rights Law. The defendants are Sodexo, John Ceccolini, and Babatunde Cole.

The court had granted Grullon permission to proceed without paying filing fees in advance. Because he had that permission, federal law required the court to direct the U.S. Marshals Service to serve the defendants.

Service Instructions

The court instructed the Clerk of Court to issue summonses for all three defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and give the Marshals Service the documents needed to complete service. The court extended the service period to 90 days after the summonses are issued. The order stated that Grullon must request an extension if a defendant is not served within that period.

The order also required Grullon to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Ruling

Judge Philip M. Halpern ordered the Clerk of Court to issue the summonses and arrange service through the U.S. Marshals Service. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not decide the merits of Grullon’s employment-discrimination claims.