Ibrahim v. Apple Inc.

• Court: District Court, S.D. New York
• Decided: June 23, 2025
• Docket: 1:25-cv-04420
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAMY AYOUB IBRAHIM, Plaintiff, 25-CV-4420 (JGK) -against- ORDER OF SERVICE APPLE, INC., Defendant, JOHN G. KOELTL, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000 to 2000-17, the New York State Human Rights Law, N.Y. Exec, Law §§ 290 to 297 and the New York City Human Rights Law, N.Y.C, Admin. Code $§ 8- 101 to 131, alleging that his employer discriminated against him based on his race and national

_ origin. By order dated June 4, 2025, the Court granted Plaintiff's request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.! Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process ... in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)).

' Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

To allow Plaintiff to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant. If the complaint is not served within 90 days after the date the summons is issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63

(2d Cir. 2012) (holding that it is the plaintiffs responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is instructed to issue a summons for Defendant Apple, Inc., complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. Plaintiff may receive court documents by email by completing a Consent to Electronic Service form.?

2 Tf Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: New York, New York C ~ he je /. Og fo oe Aha bee & we SAWJOHN G. KOELTL “United States District Judge

SERVICE ADDRESS FOR DEFENDANT Apple, Inc. One Apple Parkway Cupertino, California 95014