Stringer v. SIMON & SCHUSTER, INC
- Laura Swain
- 1:25-cv-00670
- U.S. District Court · Southern District of New York
- 2
In Stringer v. SIMON & SCHUSTER, INC., Chief Judge Swain ordered payment and counsel appearance within 30 days, or dismissal without prejudice.
Vickie M. Stringer, Triple Crown Productions, LLC, and Vickie Stringer Agency, LLC. The two limited liability companies must obtain attorneys to proceed in the action, and the plaintiffs must pay the required fees.
What happened
Stringer v. SIMON & SCHUSTER, INC. was brought by Vickie M. Stringer, Triple Crown Productions, LLC, and Vickie Stringer Agency, LLC, without counsel. The court said the plaintiffs had to pay the required fees or properly request permission to proceed without paying them in advance.
The court ordered the plaintiffs to pay $405 within 30 days. It also ordered an attorney to appear for both limited liability companies because those entities cannot represent themselves in federal court. If the plaintiffs do not comply, or seek an extension, the action will be dismissed without prejudice.
Chief Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Stringer v. SIMON & SCHUSTER, INC · No. 1:25-cv-00670
- Laura Swain
- Jan. 23, 2025
Background
Vickie M. Stringer, Triple Crown Productions, LLC, and Vickie Stringer Agency, LLC brought the action without counsel. To proceed in federal court, the plaintiffs had to pay a $405 fee, consisting of a $350 filing fee and a $55 administrative fee, or submit signed applications to proceed without prepaying fees. The court referred to that procedure as proceeding in forma pauperis, or IFP.
Court’s Analysis
The court explained that only a natural person may proceed IFP, so the two limited liability companies could not use that procedure. The court also stated that a corporation cannot represent itself in federal court and must be represented by an attorney. Applying that rule to Triple Crown Productions, LLC and Vickie Stringer Agency, LLC, the court required an attorney to appear for each entity.
Order
The court ordered the plaintiffs, within 30 days of January 23, 2025, to pay $405 in fees and have an attorney appear for the two limited liability companies. If the plaintiffs failed to comply within the permitted time, or sought an extension, the action would be dismissed without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.