Opinion
22-CV-7044 (VSB)
11-28-2022
CONTINENTAL CASUALTY COMPANY, Plaintiffs, v. MITCHELL H. KOSSOFF; PAOLA ARZENO-BARBANO; CARLA Y. BUCHANAN; MICHAEL I. COHEN; MICHAEL F. CUTTITTA; MATTHEW EIBEN; ASHLEY R. ELEM; VLADIMIR FAVILUKIS; STACIE B. FELDMAN; ALEXANDER FOTOPOULOS; DANA B. FRIEDMAN; JOSEPH GOLDSMITH; BESSIE HADJIGEORGHI; RANAKDEVI LONDONER; DAWN R. MYERS; ERIC PITTER; JENNIFER RABIZADEH; ANTHONY J. RODRIGUEZ, JR.; OLGA SOMERAS; NICOLE SOSNOWSKI; STEVEN Y. STEINHART; MARINA M. THEODORIS; OLGA TZORTZATOS; LISA BREIER URBAN, Defendants.
ORDER
VERNON S. BRODERICK, DISTRICT JUDGE:
Plaintiff Continental Casualty Company sued 24 parties seeking a declaratory judgment. Since the complaint has been filed, 13 of these parties have been dismissed. (Docs. 16, 18, 24, 26, 39.) Four parties have waived service, (Docs. 32-35), four parties have been served (Docs. 30, 31, 36, 37), and one party (Joseph Goldsmith) has answered, (Doc. 27.) Proof of service has not yet been made for two parties: Olga Someras and Olga Tzortzatos.
Parties who were served and did not waive service were served between December 26, 2022, and November 1, 2022. Thus, the last possible date for these defendants to answer the Complaint was November 22, 2022. Parties who waived service were required to respond within 60 days of September 14, 2022, i.e., by November 13, 2022. Only Goldsmith has responded.
To aid me in adjudicating this dispute efficiently, Plaintiff shall file a status letter by December 1, 2022. That status letter shall state
1. If Plaintiff requires additional time to serve Someras and Tzortzatos, or, alternatively, if Plaintiff objects to dismissing Someras and Tzortzatos pursuant to Fed.R.Civ.P. 4(m);
2. If Plaintiff will more for default judgment against defendants who have not answered and when Plaintiff will so move; and
3. Whether I should direct Plaintiff and Goldsmith to meet-and-confer to determine a case management plan.
Plaintiff and Goldsmith shall meet-and-confer and provide a joint answer to this third question as part of Plaintiff's status letter.
SO ORDERED.