U.S. District Court, WDNY
Service of Process
Extension of Time — Good Cause
Saffuto v. Peregrine Health Management
Background: The plaintiff brought an action against the defendant alleging job discrimination on account of her sex, and unlawful retaliation. The plaintiff commenced the action on Sept. 27, 2010, and served an executive director on Nov. 23, 2010. The defendant moved to dismiss the complaint arguing that the individual served was not and is not an agent of the defendant. The individual served was employed by another company that had taken over management of the health care facility owned by the defendant. The plaintiff had cross-moved for an order granting an extension of time to effect service on the defendant.
Ruling: The court granted the plaintiff’s cross-motion. The court found that the individual served was not authorized to accept service on the defendant’s behalf, there was good cause to believe otherwise. The process server testified that he had asked for someone who was authorized to accept service on behalf of the defendant and was directed to the individual served. The individual identified herself as the executive director that she was authorized to accept on behalf of the defendant, despite not being able to do so.
Christina A. Agola for the plaintiff; Margaret A. Clemens and Trent M. Sutton of Littler M Endelson PC for the defendant