Tantaros v. Fox News Network, LLC

Background

Andrea K. Tantaros submitted this action to the U.S. District Court for the Southern District of New York by email. With the complaint, she submitted an unsigned emergency request for an order requiring the defendants to show cause why the court should issue a temporary restraining order.

Fee or IFP Requirement

The court explained that a plaintiff must either pay the required civil-action fees or submit a signed application to proceed without prepaying them. The order identified the total fees as $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.

The court gave Tantaros 30 days from the date of the order to pay the fees or complete, sign, and submit the attached application to proceed without prepayment of fees. The order provided instructions for paying by mail or in person and stated that payment by mail had to be made by money order or certified check, payable to the Clerk of the U.S. District Court for the Southern District of New York, with the docket number included.

Effect on the Case

Until the fees were paid or a completed and signed application was received, the court would take no further action, including action on the request for preliminary injunctive relief. No summons would issue, and no defendant would be required to answer. If Tantaros complied, the case would be processed under the Clerk’s Office procedures. If the court granted the application, she would be allowed to proceed without prepaying fees. If she failed to comply within the allowed time or failed to seek an extension, the action would be dismissed without prejudice to refiling.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order as Chief United States District Judge.