Vann v. Persico

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROOSEVELT VANN JR., Plaintiff, ¥ No. 20-CV-628 (KMK) PRSICO FETCONTRACTING:R100S | opp OF SERVICE 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 (“Tide VII”), 42 U.S.C. §§ 2000¢ 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.) By Order dated February 24, 2020, the Court directed the U.S. Marshals to effect service on Defendants and listed addresses for all Defendants except International Local Union #60. (See Order of Service (Dkt. No. 6).) The Court now amends the first Order of Service to add an address for Defendant International Local Union #60. 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 Defendant International Local Union #60

until 90 days after the date the summons as to it 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 56, 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 Defendant International Local Union #60 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 it. The Clerk of Court is further ‘nstructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon International Local Union #60. 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. The Clerk of

Court is further instructed to complete the USM-285 form with the address for Defendant International Local Union #60 and deliver all documents necessary to effect service to the U.S. Marshals Service.

SO ORDERED. Dated: February 26, 2020 White Plains, New York iy’ MK Seumtnwen§ rey KENNETH Mi KARAS United States District Judge

DEFENDANT AND SERVICE ADDRESS

1. International Local Union #60 140 Broadway Hawthorne, NY 10532