Avila v. ACACIA Network, Inc.
- Paul Engelmayer
- 1:23-cv-07834
- U.S. District Court · Southern District of New York
- 3
In Avila v. ACACIA, Judge Parker ordered a guardian ad litem to clarify whether he can represent Jimmy Avila in these federal cases.
Jimmy Avila, who was representing himself; Stuart Adler, the guardian ad litem appointed in Avila’s housing-court case; and the federal actions in which Avila was a plaintiff. The order also concerned the action listing Mezie Oduka as a plaintiff.
What happened
In Avila v. ACACIA Network, Inc., Jimmy Avila was representing himself in three federal actions. A New York housing court had found that he could not effectively protect his interests in a housing case and appointed Stuart Adler as his guardian ad litem.
The federal court noted that a federal rule requires protection for an unrepresented person who may be unable to protect their interests. It ordered Adler to explain whether his guardianship covers Avila’s federal cases and whether he will pursue them or serve as Avila’s guardian ad litem here.
Judge Katharine Parker gave Adler 14 days to respond and directed the Clerk of Court to mail the order to Avila and Adler. The order did not decide the merits of Avila’s claims.
The detailed version
- Avila v. ACACIA Network, Inc. · No. 1:23-cv-07834
- Paul Engelmayer
- Aug. 12, 2025
Background
Jimmy Avila brought these actions without a lawyer. Mezie Oduka was also listed as a plaintiff in the action under docket number 25-CV-3316. Attached to the complaint in that action was an April 11, 2025 order from the New York City Civil Court, Housing Part, County of Bronx. That court found that Avila was unable to effectively defend his rights and protect his interests in a housing case involving 1412 Col LLC, and appointed Stuart Adler as his guardian ad litem, or GAL. A guardian ad litem is a person appointed to protect and represent someone who cannot adequately protect their own interests in a legal proceeding.
The federal court also noted that, by an August 6, 2025 order, District Judge Paul A. Engelmayer had adopted the court’s report and recommendation dismissing the actions under docket numbers 23-CV-10260 and 23-CV-7834 and granting Avila leave to amend his complaint.
Rule 17(c)
Federal Rule of Civil Procedure 17(c) states that a court must appoint a guardian ad litem or issue another appropriate order to protect a minor or incompetent person who is unrepresented in an action. The court explained that the duty to consider Rule 17(c) arises when an appropriate court record indicates that a party has been adjudicated incompetent.
Order
Based on the housing court’s finding and its appointment of Adler, the court directed Adler—whom it understood to be a licensed New York attorney—to advise the court within 14 days whether his guardianship extends to Avila’s federal actions. If it does, Adler must state whether he intends to pursue the claims for Avila. If it does not, Adler must state whether he is willing to be appointed as Avila’s guardian ad litem if the federal court determines that Avila is incompetent under Rule 17. The possible appointment would concern pursuing the action under docket number 25-CV-3316 and/or filing an amended complaint in the actions under docket numbers 23-CV-10260 and 23-CV-7834.
The court also directed the Clerk of Court to mail the order to Avila and Adler. Judge Parker’s order addressed representation and protection of a potentially incompetent litigant; it did not decide the merits of the claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.