Peterec v. TGI Fridays, Inc.

Background

John L. Peterec, who is representing himself, brought claims for age discrimination and retaliation under the Age Discrimination in Employment Act of 1967 and the New York State Human Rights Law. He seeks damages, backpay, and costs. The defendants named in the complaint include TGI Fridays, Inc.; “D.B.A. Wow Bao”; TGI Fridays; several entities associated with TGI Fridays and its advisers or partners; individual defendants; and unidentified managers.

The court had previously granted Peterec permission to proceed without paying filing fees in advance. This order addresses service of the complaint and the information needed to identify or serve certain defendants. It does not decide the merits of Peterec’s discrimination or retaliation claims.

Service on TGI Fridays Franchisor, LLC

Because Peterec 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 process. The court directed the Clerk of Court to issue a summons for TGI Fridays Franchisor, LLC, complete the required U.S. Marshals Service form with that defendant’s address, and provide the Marshals Service with the necessary paperwork.

The court stated that service must occur within 90 days after the summons is issued for TGI Fridays Franchisor, LLC. If service is not completed within that period, Peterec should request an extension. The court also required Peterec to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Information about Other Defendants

The court ordered counsel for TGI Fridays Franchisor, LLC, to provide the service address for David Alvarez and to identify and provide service addresses for “Renee’ (John Doe)” and “John (Area Manager; As John Doe).” Counsel must provide that information to Peterec and the court within 60 days of the order.

Within 30 days after receiving the information, Peterec must file an amended complaint listing Alvarez’s service address and the identities and service addresses of the two unidentified defendants. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will decide whether the information is sufficient to order service on Alvarez and the newly identified defendants.

Other Named Defendants

The court found that Peterec had not alleged facts showing how the other named defendants, apart from TGI Fridays Franchisor, LLC, Alvarez, and the two unidentified managers, were involved in the alleged discrimination or retaliation. The court therefore did not direct service on those defendants. It granted Peterec leave to file an amended complaint alleging facts about their involvement.

Disposition

The court directed service on TGI Fridays Franchisor, LLC; ordered its counsel to provide information about Alvarez and the two unidentified defendants; and granted Peterec leave to amend his complaint as to the other defendants. The court also directed the Clerk to mail information to Peterec and referred him to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. Judge Kenneth M. Karas did not rule on whether Peterec’s underlying claims succeed.