Obah v. Equiliem Company

Background

Patrick C. Obah brings this action without a lawyer against Equiliem Company and Ryan Persichilli. He asserts claims under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, the New York City Human Rights Law, and, as the court construed the complaint, the New York State Human Rights Law. Obah alleges that his employer discriminated against him based on race, color, and national origin.

The court had previously granted Obah permission to proceed without paying filing costs. That status allows him to rely on the court and the U.S. Marshals Service to serve the defendants.

Service of the Defendants

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to serve Equiliem Company and Ryan Persichilli. If service is not completed within 90 days after the summonses are issued, Obah should request an extension of time. The court also instructed Obah to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Request for a Free Lawyer

Obah applied for the court to request a volunteer lawyer. The court considered the factors used for such requests, including the apparent merits of the case, Obah’s efforts to find a lawyer, and his ability to investigate and present the case without assistance. Because the case was at an early stage and the court could not yet assess its merits, Judge James Oetken denied the application without prejudice to renewal later.

Disposition

The court denied Obah’s application for the court to request a volunteer lawyer, without prejudice to renewal. It directed the Clerk to issue summonses and arrange the paperwork for Marshals service. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing costs.