Opinion
20 CV 4200 (VB)
11-04-2021
MAURA ROBLES and IDA Z. BRAVO, Plaintiffs, v. THE ESTATE OF SOTIRIOS KOLLIAS, by its Executors, DEMETRA DOUMAS, MARIA KOLLIA a.k.a. MARIA KOLLIAS, and TASIA MELLAS; DEMETRA DOUMAS; MARIA KOLLIA a.k.a. MARIA KOLLIAS; DANIELLE KOLLIAS; and THE ARGONAUT RESTAURANT AND DINER, INC., Defendants.
ORDER
Vincent L. Briccetti, United States District Judge.
Plaintiffs commenced this action on June 2, 2020. (Doc. #1). On June 30, 2020, plaintiffs filed an affidavit of service indicating defendant Danielle Kollias had been served with the summons and complaint in this case. (Doc. #10). On July 24, 2020, Danielle Kollias, along with the other defendants in the case, filed an answer to the complaint. (Doc. #17).
On April 20, 2021, the Court granted defense attorney Glen Kurtis's motion to withdraw as counsel for Danielle Kollias. (Doc. #56).
In the April 20, 2021, Order, the Court strongly encouraged Danielle Kollias to retain a new attorney and informed her that if she did not retain a new attorney, she must represent herself in this case going forward, including complying with the discovery deadlines in the Second Amended Civil Case Discovery Plan and Scheduling Order. The Court also provided her with copies of the Discovery Guide and Motions Guide for pro se parties and informed her she may wish to contact the NYLAG Legal Clinic for Pro Se Litigants for assistance in this case. The Court also mailed her a copy of the NYLAG Legal Clinic information sheet. (Doc. #56). Although other Orders the Court has mailed to Danielle Kollias have returned as undeliverable, this Order and its attachments were not returned as undeliverable. Since this time, Danielle Kollias has proceeded pro se.
On August 24, 2021, plaintiff filed the first amended complaint, naming as defendant, among others, Danielle Kollias. (Doc. #75). On September 16, 2021, plaintiffs filed an affidavit of service indicating that on August 31, 2021, Danielle Kollias was both mailed and emailed a copy of the first amended complaint. (Doc. #80).
To date, Danielle Kollias has not answered or made a motion in response to the first amended complaint. By letter signed October 22, 2021, Danielle Kollias stated, among other things, that she was unable to afford a lawyer at that time and that she denied "all of the actions that Ms. Robles is accusing [her] of, as they are simply hearsay" and that she "ask[ed] to please be removed from this case indefinitely." (Doc. #83). This does not suffice.
Accordingly, it is HEREBY ORDERED that by November 29, 2021, defendant Danielle Kollias shall file an answer, move, or otherwise respond to the first amended complaint. See Fed.R.Civ.P. 12. If defendant Danielle Kollias does not answer, move, or otherwise respond to the first amended complaint by November 29, 2021, or seek an extension of time to do so, she may be held in default. See Fed.R.Civ.P. 55; see also Representing Yourself in Federal Court (Pro Se), available at https://www.nvsd.uscourts.gov/prose/defendant (last visited November 3, 2021).
Because plaintiff is proceeding pro se, the Court will mail a copy of the following documents to plaintiff at the address on the docket: (i) a copy of this Order; (ii) a copy of the Third Amended Civil Case Discovery Plan and Scheduling Order, which has been separately docketed in this case; (iii) a copy of each the Discovery Guide for Pro Se Litigants and the Motions Guide; and (iv) a copy of the NYLAG Legal Clinic information sheet.
SO ORDERED:
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