Vann v. Persico

• Court: District Court, S.D. New York
• Decided: February 24, 2020
• Docket: 7:20-cv-00628
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROOSEVELT VANN JR., Plaintiff, ce No. 20-CV-628 (KMK) CONTRACTING ROSS | oRpeR oF sence UNION #60; MIKE BASILONE; CARLOS ALPHONSO; JAY SERGOSA, Defendants. KENNETH M. KARAS, United States District Judge: Plaintiff brings this pro se Action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e to 2000e-17, alleging that his employer and union discriminated against him based on his race. By Order dated February 5, 2020, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”). (Dkt. No. 3.) 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 the summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and Complaint until the Court reviewed the Complaint and ordered that a summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the Complaint is not served within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 86, 63 (2d Cir. 2012) (holding that it is the

plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”). To allow Plaintiff to effect service on Defendants Persico aka PCT Contracting; Riggs & Distler; International Local Union #60; Mike Basilone; Carlos Alphonso; and Jay Sergosa 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 each of these Defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these Defendants. 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 directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Persico aka PCT Contracting; Riggs & Distler; International Local Union #60; Mike Basilone; Carlos Alphonso; and Jay Sergosa and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. Dated: February] , 2020 White Plains, New York

United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

1. Persico aka PCT Contracting 550 Franklin Avenue Mt. Vernon, N.Y. 10550 2. Riggs & Distler 550 Franklin Avenue Mt. Vernon, N.Y. 10550 35 Mike Basilone 550 Franklin Avenue Mt. Vernon, N.Y. 10550 4. Carlos Alphonso 550 Franklin Avenue Mt. Vernon, N.Y. 10550 Da Jay Sergosa 140 Broadway Hawthorne, N.Y. 10532