Badolato v. TJX Companies, Inc.
- Nelson Roman
- 7:25-cv-04263
- U.S. District Court · Southern District of New York
- 3
In Badolato v. TJX Companies, Judge Roman ordered the U.S. Marshals Service to serve defendants in Badolato’s disability- and age-discrimination case.
Maria Badolato and the defendants named in her discrimination lawsuit; the order directs court personnel and the U.S. Marshals Service to handle service.
What happened
In Badolato v. TJX Companies, Inc., Maria Badolato, representing herself, alleges that her employer discriminated against her because of her disability and age under federal and New York laws. The court had already allowed her to proceed without paying filing fees upfront.
Because Badolato was allowed to proceed without paying those fees, the court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve TJX Companies, doing business as Home Goods, and the five individual defendants. The court said the complaint and appendix must generally be served within 90 days after summonses are issued, unless Badolato requests more time.
The court also directed the Clerk to mail Badolato an information package and reminded her to notify the court if her address changes. Judge Nelson S. Roman’s order addressed service of the lawsuit and did not decide whether the discrimination allegations were legally valid.
The detailed version
- Badolato v. TJX Companies, Inc. · No. 7:25-cv-04263
- Nelson Roman
- May 30, 2025
Background
Maria Badolato, who is proceeding without a lawyer, brought claims under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law. She alleges that her employer discriminated against her based on disability and age. The opinion identifies the defendants as TJX Companies, doing business as Home Goods; Nelson Haber; Brittany Maracle; Kyla Novinger; Edward Knoceves; and Denna Sanita.
The court had granted Badolato permission to proceed without prepaying filing fees. In such cases, federal law requires the court to arrange service through the U.S. Marshals Service.
Order
The court instructed the Clerk of Court to issue summonses for all defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the summonses and the other necessary papers—including the complaint and appendix—to the Marshals Service for service.
The court explained that the usual 90-day service period runs from the filing of the complaint, but Badolato could not serve the defendants before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service deadline to 90 days after the summonses are issued. If the complaint and appendix are not served within that period, the court stated that Badolato should request an extension of time.
The court also directed the Clerk to mail Badolato an information package and warned that she must notify the court in writing of any address change. The order does not resolve the discrimination claims or determine whether any defendant is liable.
Disposition
The court ordered the Clerk of Court to issue the summonses and send the service materials to the U.S. Marshals Service. It also ordered that an information package be mailed to Badolato. Judge Nelson S. Roman signed the order on May 30, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.