In The Struggle Productions LLC v. Collins et al

Filing 88

ORDER denying 83 Motion to Dismiss. To date, Defendant Collins has not filed an answer to the Amended Complaint. In Plaintiffs March 6, 2025 letter, Plaintiff alleges that Defendant Collins has not made any Initial Disclosures. ECF No. 87. Def endant Collins is ordered to file his answer to the Amended Complaint and serve his initial disclosures on Plaintiff by Monday, March 20, 2025. Defendant Collins is on notice that any further extensions will not be granted. If Defendant Collins do es not file an answer to the Amended Complaint by that date, then a schedule shall be set for default judgment proceedings against him. As stated in the February 18, 2025 Order, Defendant BSB Records' answer to the Amended Complaint is due by March 20, 2025. The Court reiterates that any extension of the deadline for BSB Records to respond is unlikely to be granted. If BSB Records does not respond to the Amended Complaint by March 20, 2025, then a schedule shall be set for default jud gment proceedings against it. Accordingly, the Second Motion to Dismiss is DENIED. Plaintiff is ORDERED to serve a copy of this Order on Defendant Collins via email by March 7, 2025. The Clerk of the Court is directed to terminate ECF No. 83. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/6/2025) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN THE STRUGGLE PRODUCTIONS LLC,
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Plaintiff,
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-v:
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ROLAND COLLINS P/K/A “TROY AVE” AND BSB :
RECORDS, INC.,
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Defendants.
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24-CV-02776 (JAV)
ORDER

JEANNETTE A. VARGAS, United States District Judge:
On March 2, 2025, Defendant Roland Collins filed a Motion to Dismiss on behalf of
himself and BSB Records, Inc. (“BSB Records”). ECF No. 83 (the “Second Motion to
Dismiss”). The Second Motion to Dismiss was virtually identical to the Motion to Dismiss
previously filed by Defendant Collins and BSB Records on September 24, 2024. Compare ECF
No. 83 with ECF No. 33 (the “First Motion to Dismiss”). Judge Koeltl denied the First Motion
to Dismiss on October 1, 2024. 1 ECF No. 43.
On February 18, 2025, the parties appeared for a conference with the Court. Defendant
Collins was advised at the conference and in this Court’s order (ECF No. 80) to consult with the
Pro Se Office and Clinic for assistance with this matter. At the conference and then in a
subsequent Order issued on February 18, 2025, the Court ordered Defendant Collins to file his
answer to the Amended Complaint by February 25, 2025, and to make his initial disclosures

As mentioned in Judge Koeltl’s Order (ECF No. 43), in this Court’s Order (ECF No. 80), and
as discussed at the February 18, 2025 conference with this Court, Defendant Collins may appear
on behalf of himself, but BSB Records cannot appear in this Court without counsel. Defendant
Collins is not permitted to submit motions on behalf of BSB Records.

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pursuant to Fed. R. Civ. P. 26(a) by March 4, 2025. ECF No. 80. To date, Defendant Collins
has not filed an answer to the Amended Complaint. In Plaintiff’s March 6, 2025 letter, Plaintiff
alleges that Defendant Collins has not made any Initial Disclosures. ECF No. 87.
Defendant Collins is ordered to file his answer to the Amended Complaint and serve his
initial disclosures on Plaintiff by Monday, March 20, 2025. Defendant Collins is on notice that
any further extensions will not be granted. If Defendant Collins does not file an answer to the
Amended Complaint by that date, then a schedule shall be set for default judgment proceedings
against him.
As stated in the February 18, 2025 Order, Defendant BSB Records’ answer to the
Amended Complaint is due by March 20, 2025. The Court reiterates that any extension of the
deadline for BSB Records to respond is unlikely to be granted. If BSB Records does not respond
to the Amended Complaint by March 20, 2025, then a schedule shall be set for default judgment
proceedings against it.
Accordingly, the Second Motion to Dismiss is DENIED. Plaintiff is ORDERED to serve
a copy of this Order on Defendant Collins via email by March 7, 2025. The Clerk of the Court
is directed to terminate ECF No. 83.
SO ORDERED.
Dated: March 6, 2025
New York, New York

_________________________ ______
JEANNETTE A. VARGAS
United States District Judge

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