Rice v. Inverse Medical, LLC
- Gregory Woods
- 1:24-cv-00472
- U.S. District Court · Southern District of New York
- 5
In Rice v. Inverse Medical, Judge Woods ordered U.S. Marshals service for defendants after Rice was allowed to proceed without paying fees.
Tremayne E. Rice, the six named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Rice v. Inverse Medical, LLC, Tremayne E. Rice, who is representing himself, alleges that his employer discriminated and retaliated against him based on race, sexual orientation, and whistleblower activity. The case invokes federal, New York State, and New York City laws. The court had already allowed Rice to proceed without paying filing fees.
Judge Woods ordered the Clerk of Court and the U.S. Marshals Service to serve Inverse Medical, LLC and Inverse Medical, Inc. using the addresses Rice provided. Rice must provide service information within 30 days for Empass Healthcare, Inc.; Johonniuss Chemweno; RTQ, LLC; and VIP StarNetwork, LLC, whose addresses he did not provide.
The order directs the Clerk to issue summonses and arrange service, and it gives Rice 90 days after summonses are issued to complete service or request more time. Judge Gregory H. Woods also denied fee-free status for any appeal from this order. The order does not decide whether Rice’s discrimination or retaliation claims are valid.
The detailed version
- Rice v. Inverse Medical, LLC · No. 1:24-cv-00472
- Gregory Woods
- Jan. 26, 2024
Background
Tremayne E. Rice, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, the New York City Human Rights Law, and the New York State Whistleblower Protection Law. He alleges that his employer discriminated and retaliated against him because of his race, sexual orientation, and whistleblower activity.
By an order dated January 23, 2024, the court granted Rice permission to proceed without paying filing fees in advance. Because he was granted that status, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Service Instructions
For Inverse Medical, LLC and Inverse Medical, Inc., Rice provided service addresses. The court directed the Clerk of Court to complete the required service forms, issue summonses, and deliver the necessary papers to the U.S. Marshals Service. The addresses listed in the order for both entities are 4904 Alameda Boulevard, Albuquerque, New Mexico 87113.
For Empass Healthcare, Inc.; Johonniuss Chemweno; RTQ, LLC; and VIP StarNetwork, LLC, Rice did not provide service addresses. The court directed the Clerk to send Rice a service form for each of those defendants. Rice must complete and return the forms within 30 days of the order. After receiving them, the Clerk must issue summonses and provide the paperwork to the Marshals Service.
The court extended the service deadline so that Rice has 90 days after summonses are issued to serve the complaint. If service is not completed within that period, the order says Rice should request an extension. Rice must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he does not do so.
Disposition
This is an order concerning service of process, the formal delivery of the lawsuit papers to defendants. It does not decide the merits of Rice’s discrimination, retaliation, or whistleblower claims. The Clerk was directed to issue summonses and arrange service as described above. The court also certified that an appeal would not be taken in good faith and denied Rice permission to proceed without paying fees for purposes of an appeal. The order was issued by Judge Gregory H. Woods.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.