Fan v. Amazon.Com, Inc.
- Laura Swain
- 1:24-cv-08912
- U.S. District Court · Southern District of New York
- 2
In Fan v. Amazon.Com, Judge Swain ordered pro se plaintiff to sign her complaint within 30 days or face dismissal without prejudice.
Lingling Fan and the processing of her case against Amazon.Com, Inc.
What happened
In Fan v. Amazon.Com, Inc., Lingling Fan brought the case without a lawyer, but her complaint was unsigned. The court said court rules require an unrepresented person to sign filings personally.
The court ordered Fan to sign and submit the attached certification and warnings within 30 days. A handwritten signature is required for mail or in-person filing; an electronic signature or a typed name preceded by “/s/” is allowed for email filing. No summons or answer will issue at this time.
Judge Laura Taylor Swain said the case will be processed through the Clerk’s Office if Fan complies. If she does not comply within the deadline, the action will be dismissed without prejudice. Judge Swain also denied fee-free status for any appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Fan v. Amazon.Com, Inc. · No. 1:24-cv-08912
- Laura Swain
- Jan. 6, 2025
Background
Lingling Fan filed this action without a lawyer. The complaint she submitted did not contain a signature.
Court’s Analysis
Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other court paper to be signed. When a party is not represented by a lawyer, the party must sign personally. The court explained that a typed name alone does not satisfy the rule’s signature requirement, but the court’s local electronic-filing rules allow self-represented parties to use an electronic signature or a typed name preceded by “/s/” when submitting documents by email in accordance with those rules.
Order
The court directed Fan to sign and submit the attached “Plaintiff’s Certification and Warnings” within 30 days of January 6, 2025. If she submits it by mail or in person, the signature must be handwritten. If she submits it by email to the specified court address, she may use an electronic signature or a typed signature such as “/s/ Lingling Fan.” The document must identify docket number 24-CV-8912 (LTS).
The order states that no summons or answer shall issue at this time. If Fan complies, the Clerk’s Office will process the case under its procedures. If she does not comply within the permitted time, the action will be dismissed without prejudice, meaning the order does not bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.