Badolato v. TJX Companies, Inc.
- Nelson Roman
- 7:25-cv-04263
- U.S. District Court · Southern District of New York
- 4
In Badolato v. TJX Companies, Inc., Judge Roman ordered corrected summonses and service paperwork for defendants in this pro se disability-and-age case.
Maria A. Badolato, the named defendants, the Clerk of Court, and the U.S. Marshals Service. The order directs the Clerk and Marshals Service to carry out service and requires Badolato to monitor the service deadline and report address changes.
What happened
Maria A. Badolato sued under disability- and age-discrimination laws, alleging that her employer discriminated against her based on her disability and age. She represented herself and had permission to proceed without prepaying filing fees.
Badolato told the court that the earlier service order and summonses contained errors in two defendants’ names and one defendant’s address. The court instructed the Clerk of Court to re-issue summonses, update the service forms, and send the necessary papers to the U.S. Marshals Service so the defendants could be served.
In this supplemental service order, Judge Nelson S. Roman also stated that Badolato must ask for more time if service is not completed within 90 days after the summonses are issued, must notify the court of any address change, and could face dismissal if she fails to do so.
The detailed version
- Badolato v. TJX Companies, Inc. · No. 7:25-cv-04263
- Nelson Roman
- July 16, 2025
Background
Maria A. Badolato, 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 alleged that her employer discriminated against her because of her disability and age.
The court had previously granted Badolato permission to proceed without prepaying filing fees, commonly called permission to proceed in forma pauperis. Because of that permission, she could rely on the court and the U.S. Marshals Service to serve the defendants.
On June 10, 2025, Badolato sent the court a letter identifying errors in the names or addresses of certain defendants in the earlier service order and summonses. She identified the corrected names as Deanna Sanita and Edward Knowles and provided a different address for Kyla Novinger.
Court’s action
The court instructed the Clerk of Court to re-issue summonses for TTX Companies, doing business as Home Goods; Nelson Haber; Brittany Maracle; Kyla Novinger; Edward Knowles; and Deanna Sanita. The Clerk was also instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, include each defendant’s address, and deliver the summonses and other necessary documents—including the complaint and appendix—to the Marshals Service for service.
The court stated that if the complaint and appendix were not served within 90 days after the summonses were issued, Badolato should request an extension of time. It also stated that she must notify the court in writing if her address changes and that the court may dismiss the action if she fails to do so.
Disposition
Judge Nelson S. Roman entered the supplemental order of service and directed the Clerk to take the service-related steps described above. The order addressed service of process and did not decide whether Badolato’s discrimination allegations were legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.