Nielsen v. J.C. Penny Company, Inc.
- James Cott
- 1:23-cv-05619
- U.S. District Court · Southern District of New York
- 3
In Nielsen v. J.C. Penny Company, Inc., Judge Cott ordered U.S. Marshals service and marked Docket No. 32 granted.
Junious Nielsen, J.C. Penny Company, Inc., the Clerk of Court, and the U.S. Marshals Service.
What happened
In Nielsen v. J.C. Penny Company, Inc., Junious Nielsen, representing himself, alleges that the company discriminated against him because of his military service and terminated his employment.
Because Nielsen was allowed to proceed without paying filing fees, the court said he could rely on the court and the U.S. Marshals Service to serve the company. The court identified the company’s registered agent and directed the Clerk to prepare the service paperwork.
Judge James L. Cott ordered the Clerk to issue a summons, complete the service form, and deliver the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to close Docket No. 32 and mark it “granted.” The order addressed service and did not decide the discrimination allegations.
The detailed version
- Nielsen v. J.C. Penny Company, Inc. · No. 1:23-cv-05619
- James Cott
- Oct. 27, 2023
Background
Junious Nielsen, proceeding without a lawyer, sued J.C. Penny Company, Inc. He alleges that the company unlawfully discriminated against him because of his military service and terminated his employment. The opinion notes that Nielsen apparently intended to sue the department store JCPenney, but the caption and filings use “J.C. Penny Company, Inc.”
Nielsen had been granted permission to proceed without paying filing fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the defendant. The court identified the defendant’s registered agent and registered office address.
Order
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the documents needed for the U.S. Marshals Service to serve J.C. Penny Company, Inc. The court stated that if service is not completed within 90 days after the summons is issued, Nielsen should request more time.
The court also directed the Clerk to close Docket No. 32 and mark it “granted.” The opinion does not identify the substance of that docket entry. This order concerns service of the complaint and does not decide whether Nielsen’s discrimination allegations have merit.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.