Bota v. Gregory O’Connor
- Paul Engelmayer
- 1:25-cv-04449
- U.S. District Court · Southern District of New York
- 1
Counsel of record per CourtListener. Firm names are approximate and have been consolidated across spelling variants.
In Victor Cesar Bota v. Gregory O’Connor, Judge Figueredo ruled service on Fabio Cesnik was improper, directed service through Brazil’s central authority, and deemed dismissal oppositions timely filed.
Victor Cesar Bota and Fabio Cesnik, as well as the parties involved in the motions to dismiss.
What happened
In Victor Cesar Bota v. Gregory O’Connor, the court considered Bota’s request for a ruling on whether Fabio Cesnik had been properly served. The court agreed that service by mail was not valid because Brazil does not permit service by mail.
The court directed Bota to serve Cesnik through Brazil’s central authority and to contact the Pro Se Legal Clinic for help with international service. It also directed Bota to provide a service-status update by October 2, 2026. The court said it would try to accommodate Bota’s disability-related requests in future conferences and deemed his oppositions to the motions to dismiss timely filed.
Judge Valerie Figueredo issued the order. The order addressed service, accommodations, and filing deadlines; it did not decide the motions to dismiss or the underlying claims.
The detailed version
- Bota v. Gregory O’Connor · No. 1:25-cv-04449
- Paul Engelmayer
- July 20, 2026
Background
Victor Cesar Bota filed a letter asking the court to determine whether service on Fabio Cesnik was proper. The court concluded that Cesnik had not been properly served because Brazil does not permit service by mail.
The court also received Bota’s June 27, 2026, letter concerning his disabilities. In addition, it received Bota’s oppositions to the motions to dismiss and supporting documents.
Court’s Actions
The court directed Bota to serve Cesnik through Brazil’s central authority. Consistent with the discussion at the July 1, 2026, conference, the court directed Bota to contact the Pro Se Legal Clinic for assistance with international service. Bota must provide a status update about service on Cesnik by October 2, 2026.
The court stated that it would make every effort to accommodate Bota’s disability-related requests in future conferences. It also deemed Bota’s oppositions to the motions to dismiss and supporting documents timely filed.
Disposition
Judge Valerie Figueredo issued an order addressing service, disability-related accommodations, and the timeliness of Bota’s filings. The opinion does not state that the court ruled on the motions to dismiss or on the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.