ROY DEN HOLLANDER
Attorney at Law
545 East 14th Street Tel. & Fax: (212) 995-5201
New York, NY 10009 Mobile 917 687 0652
rdhh@erols.com
December 24, 2003
J. Michael McMahon, Clerk
United States District Court for the Southern
District of New York
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, N.Y. 10007-1312
Roy Den Hollander v. Flash Dancers Topless Club, et al.
Southern District Court of New York, CV-03-2717 (MBM)
Dear Mr. Mahon:
In accordance with Fed. R. Civ. P. 55(a), the plaintiff requests certificates of default of defendants Anastasia A. Vasilyeva, Nicolay N. Vasilyev, listed in the complaint as Dima-Husband Anastasia Vasilyeva, and Cybertech Internet Solutions, Inc., listed in the complaint as Cybertech Internet Strip Club Network, for failure to plead or otherwise defend in a timely manner.
Enclosed please find the Application for Certificates of Default and Declaration with exhibits in support of the application.
Thank you for your time.
Sincerely,
Roy Den Hollander
CC: Hon. Michael B. Mukasey, Chief Judge
US District Court
500 Pearl St., Rm 2240
New York, NY 10007-1312
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------x
Roy Den Hollander
-against- Plaintiff’s Application to Clerk for Certificates of Default Against Defendants Vasilyevas and
The plaintiff, Roy Den Hollander, requests from the Clerk certificates of default of defendants Anastasia A. Vasilyeva, Nicolay N. Vasilyev, listed in the complaint (Exhibit H) as Dima-Husband Anastasia Vasilyeva, (collectively “Vasilyevas”) and Cybertech Internet Solutions, Inc., listed in the complaint as Cybertech Internet Strip Club Network (“Cybertech”) for failure to plead or otherwise defend in a timely manner as provided by Federal Rules of Civil Procedure, Rule 55(a).
This request is based on the attached declaration of Roy Den Hollander, attorney and pro se plaintiff, which shows the following:
1. On June 14, 2003 defendant Anastasia Vasilyeva and on June 16, 2003 defendant Nicolay N. Vasilyev were served with the summons, complaint, notice of right to magistrate and consent form for magistrate pursuant to Fed. R. Civ. P. 4(c), as evidenced by the proof of service on file with this court (a copy of which is attached to the Declaration as Exhibit A).
2. Defendants Vasilyevas have not served or filed an answer or motion or otherwise defended although they subsequently sent a letter in Russian, Exhibit B of the Declaration, to the Court and the plaintiff within twenty-days after service on them of the complaint, Exhibit H.
3. Defendant Cybertech was served with the summons, complaint, notice of right to magistrate and consent form for magistrate pursuant to Fed. R. Civ. P. 4(c) on June 16, 2003, as evidenced by the proof of service on file with this court (a copy of which is attached to the Declaration as Exhibit C).
4. Defendant Cybertech has failed to file or serve an answer within twenty days of service of the complaint or defend in a timely manner.
5. Defendant Cybertech is not an infant, in the military, or an incompetent person.
Dated: New York, NY
/S/ _____________________
Roy Den Hollander, Esq.
Plaintiff pro se
545 East 14th St.
212 995 5201
A Couple Exhibits of the Default Motion
Some Exhibits of the Reply
