Fan v. Amazon.Com, Inc.
- Laura Swain
- 1:24-cv-08912
- U.S. District Court · Southern District of New York
- 1
Fan v. Amazon.Com, Inc.: Judge Swain dismissed Fan’s complaint without prejudice for not submitting a signed page and denied fee-free appeal status.
Lingling Fan’s complaint was dismissed without prejudice, and fee-free status for an appeal was denied. Amazon.Com, Inc. was the defendant, but the order did not decide the underlying claims.
What happened
In Fan v. Amazon.Com, Inc., the court had ordered Lingling Fan to submit a completed certification and warnings form within thirty days. The order warned that failing to comply would lead to dismissal.
Fan did not submit the signed signature page. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. The court also denied fee-free status for any appeal after finding that an appeal would not be taken in good faith.
Judge Laura Taylor Swain issued the order on February 20, 2025. The order did not decide the underlying dispute between Fan and Amazon.Com, Inc.
The detailed version
- Fan v. Amazon.Com, Inc. · No. 1:24-cv-08912
- Laura Swain
- Feb. 20, 2025
Background
On January 6, 2025, the Court ordered Plaintiff Lingling Fan to submit a completed “Plaintiff’s Certification and Warnings” within thirty days. The order stated that failure to comply would result in dismissal of the complaint.
Ruling
Fan did not submit the signed signature page. The Court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). The opinion does not address the merits of Fan’s claims against Amazon.Com, Inc.
The Court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal.
Effect
The complaint was dismissed without prejudice. The order separately denied fee-free appeal status; it did not state that the dismissal was with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.