Everett v. Costco Wholesale Corporation
- Nelson Roman
- 7:25-cv-06023
- U.S. District Court · Southern District of New York
- 3
In Everett v. Costco, Judge Roman ordered Marshals Service delivery of process after allowing Everett to proceed without prepaying fees.
Zina L. Everett and Costco Wholesale Corporation; the order directs the Clerk of Court and the U.S. Marshals Service to serve Costco.
What happened
Zina L. Everett v. Costco Wholesale Corporation concerns Everett’s claims that her employer discriminated and retaliated against her because of her disability under federal and New York law.
Because the court had allowed Everett to proceed without prepaying fees, it ordered the Clerk of Court to issue a summons and provide the U.S. Marshals Service with the documents needed to serve Costco. Everett must ask for more time if service is not completed within 90 days after the summons is issued, and she must notify the court if her address changes.
The order did not decide whether Everett’s discrimination or retaliation claims are valid. Judge Nelson S. Roman ordered the Clerk to issue the summons, complete the service form, and deliver the necessary documents to the Marshals Service.
The detailed version
- Everett v. Costco Wholesale Corporation · No. 7:25-cv-06023
- Nelson Roman
- Dec. 3, 2025
Background
Zina L. Everett brought this action against Costco Wholesale Corporation under the Americans with Disabilities Act and the New York State Human Rights Law. She alleges that her employer discriminated and retaliated against her based on her disability. The opinion states that Everett is proceeding without a lawyer. The court had previously granted her permission to proceed without prepaying court fees.
Service of Process
Because Everett was permitted to proceed without prepaying court fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Costco. Service of process is the formal delivery of the summons and complaint that starts the defendant’s obligation to respond.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Costco, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The court extended the service period so that Everett has 90 days from the date a summons is issued to complete service. If service is not completed within that period, Everett should request an extension of time. She must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she does not do so.
Disposition
Judge Nelson S. Roman entered an order of service. The Clerk of Court was instructed to issue a summons for Costco Wholesale Corporation, complete the service form with Costco’s address, and deliver the documents needed for service to the U.S. Marshals Service. The order did not address the merits of Everett’s disability-discrimination or retaliation allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.