Nielsen v. J.C. Penny Company, Inc.

Background

Junious Nielsen, proceeding without a lawyer, alleges that J.C. Penny Company, Inc. discriminated against him because of his military service and terminated his employment. The opinion notes that Nielsen apparently intended to sue the department store JCPenney, which he misspelled in the complaint and other filings. The court did not decide whether the discrimination or termination allegations were legally valid.

Nielsen had permission to proceed without paying filing fees. In such cases, the court and the U.S. Marshals Service can assist with serving the defendant. Earlier service attempts appeared to have been ineffective, and the court was not sure that the defendant had received notice of the lawsuit and an opportunity to defend itself.

Service Order

The court directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the paperwork needed to serve the defendant. The Marshals were directed to attempt service both at the Liberty Street address identified in another case and through the New York Secretary of State. The court stated that, if service is not completed within 60 days after the summons is issued, Nielsen should request more time.

Ruling on Pending Motions

Four motions for summary judgment or default judgment were pending. The court directed the clerk to close the motions at Docket Nos. 39, 47, and 48 and mark each one “denied without prejudice to renewal.” The motion filed on May 1, 2024, remains open. The order therefore addressed service and the status of pending motions; it did not resolve the underlying employment-discrimination allegations.