Iconoclast Advisors, LLC v. GoBig Solar, LLC

Background

Howard Chalfin submitted this civil action to the U.S. District Court for the Southern District of New York by email. The order does not address the merits of the claims against GoBig Solar, LLC, or the other defendants.

Payment or fee-waiver requirement

The court explained that a plaintiff must either pay the required fees or ask to proceed without prepaying them through a signed application. It ordered Chalfin, within 30 days of the order, to pay $405 or submit a completed and signed application to proceed without prepayment of fees. The court stated that the $405 consists of a $350 filing fee and a $55 administrative fee, subject to updates in the court’s fee schedule.

The court said that no further action would be taken, and no summons would issue or answer would be required, until the fees were paid or a completed and signed application was received. If the court granted the application, Chalfin could proceed without prepaying the fees.

Ruling and effect

Judge Laura Taylor Swain ordered that, if Chalfin failed to comply within the allowed time or failed to request an extension, the action would be dismissed without prejudice to refiling. She also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order is a procedural step and does not decide the underlying claims.