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S.D.N.Y.Procedural orderFiled Nov. 30, 2023

Chamberlain v. Splashlight, LLC

Judge
Valerie Caproni
Docket
1:23-cv-06318
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureEmploymentPro Se
In one sentence

In Chamberlain v. Splashlight, LLC, Judge Caproni ordered the Clerk and U.S. Marshals Service to serve Michaela Krebs in Plaintiff’s discrimination case.

Who this affects

Lucas Cone Chamberlain and Michaela Krebs; the order also concerns service in Chamberlain’s claims against Splashlight, LLC and Bijou Summers.

What happened

In Chamberlain v. Splashlight, LLC, Lucas Cone Chamberlain sued Splashlight, LLC, Michaela Krebs, and Bijou Summers, alleging that his former employer discriminated against him because of his sex under federal, New York State, and New York City laws.

The court had allowed Chamberlain to proceed without paying court fees upfront. Because he was proceeding without a lawyer and without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants.

Judge Valerie Caproni ordered the Clerk to issue a summons and provide the Marshals Service with the documents needed to serve Michaela Krebs. The court extended the service period to 90 days after the summons is issued and said Chamberlain should request more time if service is not completed by then.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Chamberlain v. Splashlight, LLC · No. 1:23-cv-06318
Judge
Valerie Caproni
Date
Nov. 30, 2023

Background

Lucas Cone Chamberlain filed a pro se lawsuit against Splashlight, LLC, Michaela Krebs, and Bijou Summers. He alleges that his former employer discriminated against him because of his sex, in violation of Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws.

The court had previously granted Chamberlain permission to proceed in forma pauperis, meaning he could proceed without paying court fees upfront.

Service of Process

Because Chamberlain was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The order specifically addressed service on Michaela Krebs.

The Clerk of Court was directed to complete the U.S. Marshals Service process form, issue a summons, and deliver the documents needed for the Marshals Service to serve Krebs. The court extended the service deadline to 90 days after the summons is issued, explaining that Chamberlain could not serve the summons and complaint before the court reviewed the complaint and ordered the summonses issued.

Disposition

The court entered an order of service. It directed the Clerk to send the necessary materials to the Marshals Service for service on Michaela Krebs and to mail Chamberlain an information package. The court stated that Chamberlain should request an extension if service is not completed within 90 days after the summons is issued. It also stated that he must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

This order concerns service of the lawsuit; it does not decide whether the alleged discrimination occurred.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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