Bota v. Gregory O’Connor
Victor Cesar Bota v. Gregory O’Connor; Solaris Entertainment; ESPN, Inc.; Timothy Dettro; Jenna Anthony; Fabio Cesnik; 30West Media Group
- Paul Engelmayer
- 1:25-cv-04449
- U.S. District Court · Southern District of New York
- 3
In Victor Cesar Bota v. Gregory O’Connor, Judge Engelmayer ordered Bota to provide service addresses within 30 days and denied appeal IFP status.
Victor Cesar Bota must provide service addresses for the defendants within 30 days or request an extension; the defendants are affected because service has not yet been completed.
What happened
Victor Cesar Bota, representing himself, sued Gregory O’Connor and the other named defendants over trademark infringement, conspiracy, and state-law claims. The court had allowed Bota to proceed without paying court fees in advance, but he had not provided addresses where the defendants could be served.
The court directed Bota to provide service addresses for the defendants within 30 days. If he could not do so, the court said he should request more time. The court also noted that the U.S. Marshals Service would help serve the defendants after the court reviewed the complaint and ordered summonses, but Bota was responsible for providing current service addresses.
Judge Paul A. Engelmayer also ruled that an appeal from this order would not be taken in good faith and denied Bota permission to proceed without paying fees for an appeal. The order did not decide Bota’s underlying claims.
The detailed version
- Bota v. Gregory O’Connor · No. 1:25-cv-04449
- Paul Engelmayer
- Dec. 1, 2025
Background
Victor Cesar Bota, who was proceeding without a lawyer, brought claims for trademark infringement and conspiracy, as well as claims under state law. The court had granted his request to proceed without prepaying court fees. Because of that status, the court and the U.S. Marshals Service were responsible for helping carry out service of process after the court reviewed the complaint and ordered summonses.
Bota had not provided addresses where the defendants could be served. The opinion states that Bota alleged Gregory O’Connor’s last known addresses were unreliable or intentionally concealed. The court explained that, although the Marshals Service would assist with service, Bota remained responsible for providing a current address for each defendant.
Court’s Order
The court directed Bota to provide addresses at which the defendants could be served within 30 days. If he could not meet that deadline, the court directed him to file a motion requesting an extension of time. The court also advised Bota about a Pro Se Law Clinic operated by the City Bar Justice Center, which might help him locate service addresses, while explaining that the clinic was not part of the court and could not file documents for him.
Judge Paul A. Engelmayer certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for purposes of an appeal. The order addressed service and appellate fee status; it did not decide the merits of Bota’s trademark, conspiracy, or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.