Diagne v. Le Pain Quotidien USA LLC

Background

Astou Diagne filed this employment-discrimination action without a lawyer against Le Pain Quotidien USA LLC, Christopher Mars, and Khady Tall. In an earlier order dated April 12, 2024, the court allowed Diagne to proceed without prepaying the filing fee, a status commonly called proceeding in forma pauperis (IFP).

Service of the Defendants

Because Diagne had IFP status, the court held that she was entitled to assistance from the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to issue summonses for Le Pain Quotidien USA LLC, Christopher Mars, and Khady Tall; complete the required service forms with the defendants’ addresses; and deliver the necessary paperwork to the Marshals Service.

The court explained that the usual 90-day service period could not begin when the complaint was filed because Diagne could not have served the defendants until the court reviewed the complaint and ordered summonses. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Diagne should ask for more time. The court also stated that Diagne must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so.

Ruling

Judge Paul A. Engelmayer entered the order of service and directed the Clerk of Court to mail Diagne an information package and arrange for Marshals service. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide whether Diagne’s employment-discrimination claims were legally or factually valid.