Nikonov v. Flirt Ny Inc. et al, No. 1:2019cv07128 - Document 98 (S.D.N.Y. 2021)

Court Description: ORDER re: 97 LETTER MOTION to Compel dismiss action as per order to diismiss action as per 9/14/21 order of court addressed to Magistrate Judge Stewart D. Aaron from Vincent M. Lentini dated 11/8/2021, filed by Ariel Chulpayev, Flirt Ny Inc., Violeta Chulpayev. Pending before the Court is Defendants' letter motion, dated November 8, 2021, seeking an Order dismissing this action for failure to prosecute (ECF No. 97). As that letter motion notes, pursuant to the Co urts Opinion and Order, dated September 14, 2021 (ECF No. 95), Plaintiff was to file a letter with the Court no later than November 5, 2021, indicating whether he has decided to proceed pro se, that is, to represent himself without a lawyer. Plain tiff missed that deadline. Plaintiff shall file such letter no later than Tuesday, November 23, 2021. If Plaintiff fails to do so, the Court intends to grant Defendants letter motion and dismiss this case for failure to prosecute. Chambers will ma il a copy of this Order, as well as a copy of its September 14, 2021 Opinion and Order, to the pro se Plaintiff at the following address: 180 Christopher Street, Apt 308, NY, NY 10014. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2021) Copies Mailed By Chambers. (kl)

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Nikonov v. Flirt Ny Inc. et al Doc. 98 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 11/9/2021 Denys Nikonov, Plaintiff, -against- 1:19-cv-07128 (SDA) ORDER Flirt NY, Inc., et al., Defendant. STEWART D. AARON, United States Magistrate Judge: Pending before the Court is Defendants’ letter motion, dated November 8, 2021, seeking an Order dismissing this action for failure to prosecute (ECF No. 97). As that letter motion notes, pursuant to the Court’s Opinion and Order, dated September 14, 2021 (ECF No. 95), Plaintiff was to file a letter with the Court no later than November 5, 2021, indicating whether he has decided to proceed pro se, that is, to represent himself without a lawyer. Plaintiff missed that deadline. Plaintiff shall file such letter no later than Tuesday, November 23, 2021. If Plaintiff fails to do so, the Court intends to grant Defendants’ letter motion and dismiss this case for failure to prosecute. Chambers will mail a copy of this Order, as well as a copy of its September 14, 2021 Opinion and Order, to the pro se Plaintiff at the following address: 180 Christopher Street, Apt 308, NY, NY 10014. 1 SO ORDERED. 1 This is the address to which Defendants sent their November 5, 2021 letter motion. Further, this is the address that the New York State Department of State has on file for an entity by the name of “DSTYLE HAIR COUTURE INC,” for which the “DOS Process Name” and the only listed Officer are “DENYS NIKONOV.” See https://opengovny.com/corporation/5645807 (last visited November 9, 2021). Dockets.Justia.com Dated: New York, New York November 9, 2021 ______________________________ STEWART D. AARON United States Magistrate Judge 2

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