Choi v. Kim
- Laura Swain
- 1:24-cv-04486
- U.S. District Court · Southern District of New York
- 2
In Choi v. Kim, Judge Swain ordered Choi to pay fees or submit a fee-waiver application within 30 days before the case could proceed.
The order directly affects plaintiff Ji Hye Choi: the case will not proceed unless she pays the required fees or submits an IFP application, and failure to comply may result in dismissal without prejudice to refiling. Defendant Yeoung Soo Kim is not required to answer or respond at this stage.
What happened
In Choi v. Kim, Ji Hye Choi submitted a civil action to the federal court by email against Yeoung Soo Kim. The court assigned the case a docket number but had not yet issued a summons or required an answer.
The court explained that a plaintiff must either pay the $405 fee or submit a signed application to proceed without paying the fee upfront. The order gave Choi 30 days to do one of those things.
Judge Laura Taylor Swain ordered that no further action would be taken until payment or a completed application was received. If Choi did not comply or request more time, the action would be dismissed without prejudice to refiling. The court also stated that an appeal would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Choi v. Kim · No. 1:24-cv-04486
- Laura Swain
- June 12, 2024
Background
Ji Hye Choi submitted this civil action to the court by email against Yeoung Soo Kim. The court assigned the action docket number 24-CV-4486 (LTS).
Payment or application to proceed without prepaying fees
The court explained that a plaintiff must either pay the $405 required fees or submit a signed application to proceed without prepaying those fees, commonly called an IFP application. The stated $405 includes a $350 filing fee and a $55 administrative fee.
The court gave Choi 30 days from the date of the order to pay the fees or submit a completed and signed IFP application. No further action would be taken, and no summons would issue or answer be required, until the court received payment or the application. If Choi complied, the Clerk’s Office would process the case under its procedures. If the court granted the application, Choi could proceed without prepaying the fees.
Disposition
The court ordered Choi to pay the fees or submit the IFP application within the allowed period. If Choi failed to comply and did not seek an extension, the action would be dismissed without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.