McBeath v. Spence-Chapin Services to Families and Children

Background

Carla R. McBeath is proceeding without a lawyer. She brings claims under the Age Discrimination in Employment Act of 1967 and the New York State and New York City Human Rights Laws, alleging that her employer discriminated against her based on her age. Chief Judge Swain had previously granted McBeath permission to proceed without prepaying court fees.

Order

Because McBeath was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses for Spence-Chapin Services to Families and Children and Noor Staffing Group, LLC, complete the Marshals Service forms with the defendants’ addresses, and give the Marshals Service the paperwork needed to make service.

The court explained that the usual 90-day service period runs from the date the complaint is filed, but McBeath could not have arranged service until the court reviewed the complaint and ordered the summonses issued. It therefore extended the time for service to 90 days after the summonses are issued. If service is not completed within that period, McBeath should request an extension. She must also notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so.

Disposition and significance

Judge Jennifer L. Rochon entered an order directing issuance of summonses and service through the U.S. Marshals Service. The order did not decide the merits of McBeath’s age-discrimination claims and did not state that any claim was dismissed or that either defendant was liable.