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S.D.N.Y.Procedural orderFiled Mar. 14, 2024

Williams v. Samaritan Daytop Village Woodside

Judge
Clarke
Docket
1:23-cv-10323
Court
U.S. District Court · Southern District of New York
Pages
6
Civil ProcedureEmploymentPro Se
In one sentence

Williams v. Samaritan Daytop Village Woodside Senior Center: Judge Clarke ordered Marshals to serve defendants in Williams’s discrimination and retaliation case.

Who this affects

Derick Louis Williams, Samaritan Daytop Village Woodside Senior Center, Tonya Chestnut, and Robert Kloepping; the Clerk of Court and U.S. Marshals Service were directed to carry out service.

What happened

In Williams v. Samaritan Daytop Village Woodside Senior Center, Derick Louis Williams alleges that his employer discriminated against him because of his race and retaliated against him. He is representing himself and brings claims under federal, New York State, and New York City laws.

Because Williams was allowed to proceed without paying court fees in advance, the court directed the Clerk and the U.S. Marshals Service to handle service of the complaint and summonses on Samaritan Daytop Village Woodside Senior Center, Tonya Chestnut, and Robert Kloepping.

Judge Jessica G. L. Clarke ordered the Clerk to issue the summonses and service paperwork. Williams must request more time if service is not completed within 90 days after the summonses are issued and must notify the court of any address change.

The detailed version

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

Case
Williams v. Samaritan Daytop Village Woodside · No. 1:23-cv-10323
Judge
Clarke
Date
Mar. 14, 2024

Background

Derick Louis Williams, who is representing himself, brings claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleges that his employer discriminated against him based on race and retaliated against him.

Chief Judge Laura Taylor Swain previously allowed Williams to proceed without paying court fees in advance. A person granted this status may rely on the court and the U.S. Marshals Service to serve the defendants.

Order

The court ordered the Clerk of Court to issue summonses for Samaritan Daytop Village Woodside Senior Center, Tonya Chestnut, and Robert Kloepping; complete the required service forms with the defendants’ addresses; and deliver the necessary documents to the U.S. Marshals Service.

The court explained that the normal 90-day service period runs from the date the complaint is filed, but Williams could not serve the complaint before the court reviewed it and ordered summonses to issue. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Williams should request an extension of time.

Williams must notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so. The Clerk was also instructed to mail Williams an information package. The order offered Williams the option of receiving court documents by email if he completes the consent form.

Disposition

Judge Jessica G. L. Clarke entered an order directing issuance of summonses and service through the U.S. Marshals Service. The opinion does not decide whether Williams’s discrimination or retaliation allegations are valid.

The authoritative version

Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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