Haber v. EOS CCA

Filing 32

ORDER: On January 5, 2021, defendant Collecto, Inc. d/b/a EOS CCA filed its motion to dismiss plaintiff David Haber's Second Amended Complaint. (Dkt. No. 30.) Plaintiff, who is proceeding pro se, has previously missed several deadlines. Plain tiff is hereby reminded that his deadline to respond to defendant's motion to dismiss is January 19, 2020. See S.D.N.Y. Local Civ. R. 6.1(b). During the COVID-19 national emergency, a pro se plaintiff may file documents (at which point they wi ll be electronically served on the defendant, see S.D.N.Y. ECF Rules 9.1, 9.2, by any of the following methods: a.Drop off the document in the drop box located in the lobby of the U.S. Courthouse at500 Pearl Street, New York, NY, 10007. b.Mail the documents to the Pro Se Intake Unit in Room 105 in the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007, in time for them to arrive on or before the deadline. c.Email the documents to [e-mail]. Instructions for filing documents by email are attached to this Order and may also be found on the Court's website at nysd.uscourts.gov/forms/instructions- filing-documents-email. Any request to extend the due date for plaintiff's response to the motion to dismiss must be made in writing and filed before the deadline expires. Plaintiff is cautioned that a failure on his part to timely respond to the motion to dismiss may result in the Court deciding the motion without considering any argument by plaintiff. Chambers staff will mail a copy of this Order to plaintiff David Haber. (Signed by Magistrate Judge Barbara C. Moses on 1/6/2021) (nb)

Case 1:20-cv-06637-AJN-BCM Document 32 Filed 01/06/21 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/6/2021

DAVID MARTIN HABER,
Plaintiff,

20-CV-6637 (AJN) (BCM)

-againstCOLLECTO, INC. d/b/a EOS CCA,

ORDER

Defendant.
BARBARA MOSES, United States Magistrate Judge.
On January 5, 2021, defendant Collecto, Inc. d/b/a EOS CCA filed its motion to dismiss
plaintiff David Haber's Second Amended Complaint. (Dkt. No. 30.) Plaintiff, who is proceeding
pro se, has previously missed several deadlines. Plaintiff is hereby reminded that his deadline to
respond to defendant's motion to dismiss is January 19, 2020. See S.D.N.Y. Local Civ. R.
6.1(b). During the COVID-19 national emergency, a pro se plaintiff may file documents (at
which point they will be electronically served on the defendant, see S.D.N.Y. ECF Rules 9.1,
9.2, by any of the following methods:
a. Drop off the document in the drop box located in the lobby of the U.S. Courthouse at
500 Pearl Street, New York, NY, 10007.
b. Mail the documents to the Pro Se Intake Unit in Room 105 in the Thurgood Marshall
Courthouse, 40 Foley Square, New York, NY 10007, in time for them to arrive on
or before the deadline.
c. Email the documents to [e-mail]. Instructions
for filing documents by email are attached to this Order and may also be found on the
Court's website at nysd.uscourts.gov/forms/instructions-filing-documents-email.
Any request to extend the due date for plaintiff's response to the motion to dismiss must
be made in writing and filed before the deadline expires.
Plaintiff is cautioned that a failure on his part to timely respond to the motion to dismiss
may result in the Court deciding the motion without considering any argument by plaintiff.

Case 1:20-cv-06637-AJN-BCM Document 32 Filed 01/06/21 Page 2 of 4

Chambers staff will mail a copy of this Order to plaintiff David Haber.
Dated: New York, New York
January 6, 2021

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

2

Case 1:20-cv-06637-AJN-BCM Document 32 Filed 01/06/21 Page 3 of 4
United States District Court
Southern District of New York

[e-mail].

INSTRUCTIONS: EMAIL PRO SE FILINGS
How do I email documents to the Clerk’s Office for filing?
•

SIGN. You must sign your document by either signing the document before
you scan it or typing “/s/ [Your Name].” The Court will accept typed
signatures in this format.

•

CONTACT INFORMATION. The document must include your name,
address, telephone number and email address (if available).

•

SUBJECT LINE. For existing cases, the subject line of the email must
read, “Pro Se Filing – XX-CV-XXXX.” For new cases, the subject line of
the email must read, “Pro Se Filing – New Case.”

•

EMAIL the PDF document to
[e-mail].

Can I start a new case by email?
•

YES. To start a new case, you may email your complaint to
[e-mail].

•

In addition to emailing your complaint, you must either (1) email an
application requesting that the fee be waived, available at
https://nysd.uscourts.gov/node/838, or (2) pay the filing fee of $400. If you
are paying the filing fee, add to the subject line, “Pro Se Filing – New Case –
FEE PAID.” Payment must be made within 21 days by certified check or
money order, made out to Clerk, USDC, SDNY, and mailed to: CashiersRoom 120, 500 Pearl Street, New York, NY 10007. The check must include
the case number, which you can learn by calling [phone].

Can I include any questions or information in my email?
•

NO. You must only include the attached document(s) for filing. No one will
read messages in the body of the email and no one will respond to any
questions.

500 PEARL STREET; 40 FOLEY SQUARE | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
Rev. 4/8/2020

Case 1:20-cv-06637-AJN-BCM Document 32 Filed 01/06/21 Page 4 of 4
Instructions: Email Pro Se Filings
Page 2 of 2

Will someone respond to my email?
•

NO. This email address cannot respond to inquiries. The Clerk’s Office will
download the email attachment. This is a NO-REPLY email address. But
you may call [phone] to confirm that your documents were received.
Please wait at least one week before calling.

Can I email the assigned judge instead?
•

NO. Any submission emailed to any other court email address will be
disregarded by the recipient.

Can the Clerk’s Office assist with scanning?
•

NO. If you are unable to email your documents, you must submit them by
mail to the Pro Se Intake Unit.

Can someone email my documents for me?
•

YES. But please include your email address, if available, in the document.
The Court will only communicate with the email address listed on the filed
documents, and only if you have consented to receive court documents by
email.

Can I receive court documents by email?
•

YES. Complete and email a signed consent to electronic service form.

500 PEARL STREET; 40 FOLEY SQUARE | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
Rev. 4/8/2020