CLARKSBURG — A lawsuit against Monongahela Power Company is in danger of being dismissed because the plaintiff has yet to serve the defendant with a copy of the lawsuit.
Federal Court Judge Irene M. Keeley directed the clerk to transmit copies of the order to the counsel of record in November.
"Under Rule 4(m), the plaintiff is required to serve a summons and a copy of the complaint on the defendant within 90 days of filing the complaint," Keeley wrote in her order. "On June 23, 2021, the plaintiff in the above-captioned case, Randy Luna, filed a complaint against the defendant, Monongahela Power Company."
Keeley wrote that pursuant to Rule 4(m), Luna was required to serve Mon Power on or by Sept. 21, 2021.
"However, as of November 5, 2021, no such service has been made," Keeley wrote. "The Court, therefore, NOTIFIES Luna of his failure to meet the Rule 4(m) deadline and ORDERS Luna to show good cause for the failure. It is so ORDERED."
Luna filed the lawsuit agains Monongahela Power Company for wrongful termination of employment.
Luna was employed by the defendant from Feb. 17, 2020, until Nov. 6, 2020, according to the complaint filed in U.S. District Court for the Northern District of West Virginia.
Luna claims he divulged to Amber Moyers, his trainer, that he was Native American and Hispanic and after he told her that information, she and co-workers would mock his culture. Moyers also refused to provide Luna with one-on-one training and would ask him illegal questions and make comments about his accent, religion and background.
Luna complained to his supervisor, but after doing so, his work environment became worse. His employment was then terminated in November 2020.
Luna is seeking compensatory and punitive damages. He is represented by Stephanie L. Solomon of HKM Employment Attorneys LLP.
U.S. District Court for the Northern District of West Virginia case number: 1:21-cv-00083