Jean-Baptiste Meda v. Kogda et al

Filing 50

OPINION AND ORDER re: 45 MOTION to Dismiss the Counterclaims of Defendants/Counter Plaintiffs Der Kogda, Marie-Claire Somda Kogda, and Clarisse Kogda. filed by Martyr Jean-Baptiste Meda. It is hereby ORDERED that Defendants' coun terclaims are dismissed as the motion was unopposed. The Clerk of Court is respectfully directed to close the motion at Docket No. 45 and mail a copy of this Order to the pro se Defendants. Party Marie-Claire Somda-Kogda, Marie-Claire Somda-Kogda, Der Kogda and Der Kogda terminated. (Signed by Judge Lorna G. Schofield on 5/2/2018) (kgo)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X : MARTYR JEAN-BAPTISTE MEDA, : : Plaintiff, : : -against: : DER KOGDA, MARIE-CLAIRE SOMDA: KOGDA, and CLARISSE KOGDA, : : Defendants. : ------------------------------------------------------------ X 5/2/2018 17 Civ. 6853 (LGS) OPINION AND ORDER LORNA G. SCHOFIELD, District Judge: WHEREAS, on September 8, 2017, Plaintiff initiated this action. (Dkt. No. 1). On November 12, 2017, Defendants filed their Answer, Affirmative Defenses, and Counter Complaint. (Dkt. No. 28). WHEREAS, on December 5, 2017, a scheduling order was entered, requiring fact discovery to be completed by April 4, 2018, and expert discovery to be completed by May 21, 2018. (Dkt. No. 24). WHEREAS, on January 11, 2018, defense counsel’s application to withdrew as counsel of record for two of the Defendants, Der Kogda and Marie-Claire Somda-Kogda, was granted. (Dkt. No. 34). In his affidavit, counsel represented that these two Defendants had returned to Burkina Faso, were unsatisfied with counsel’s representation and were uninterested in defending this action. (Dkt. No. 33 ¶¶ 5-10). WHEREAS, on March 2, 2018, Plaintiff filed a motion to dismiss the counterclaims (Dkt. No. 45), and Defendants were ordered to file their opposition by April 3, 2018 (Dkt. No. 48). To date, no opposition has been filed. It is hereby ORDERED that Defendants’ counterclaims are dismissed as the motion was unopposed. The Clerk of Court is respectfully directed to close the motion at Docket No. 45 and mail a copy of this Order to the pro se Defendants. Dated: May 2, 2018 New York, New York 2

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