Rivers v. Parkchester Condominium Complex
- Laura Swain
- 1:25-cv-00363
- U.S. District Court · Southern District of New York
- 3
In Rivers v. Parkchester Condominium Complex, Judge Swain removed Darney Rivers, denied her fee waiver, and required Adrian Oree to submit signed case documents.
Darney Rivers was dismissed as the plaintiff. Adrian Oree must submit the required fee or fee-waiver application and personally signed complaint page within 30 days to continue the action.
What happened
In Rivers v. Parkchester Condominium Complex, Darney Rivers filed a complaint on behalf of her sister, Adrian Oree, alleging disability discrimination. Rivers was the only listed plaintiff and signed the complaint and fee-waiver application herself.
The court ruled that Rivers could not represent Oree because Rivers was not identified as a lawyer. It dismissed Rivers as a plaintiff, denied her request to proceed without paying fees, and ordered the case caption changed to list Oree as the plaintiff.
Judge Laura Taylor Swain gave Oree 30 days to either pay $405 or submit her own fee-waiver application and to sign the complaint. If Oree does not comply, the action will be dismissed without prejudice; no summons will issue yet.
The detailed version
- Rivers v. Parkchester Condominium Complex · No. 1:25-cv-00363
- Laura Swain
- Apr. 7, 2025
Background
Darney Rivers filed a complaint without a lawyer on behalf of her sister, Adrian Oree. The complaint alleged that Parkchester Condominium Complex, PPC Residential, LLC, Parkchester Preservation Management LLC, and Parkchester Preservation Company, LP were discriminating against Oree based on disabilities. Rivers was listed as the only plaintiff, and she alone signed the complaint and an application to proceed without prepaying filing fees. The opinion states that Rivers alleged Oree was legally blind and used a wheelchair.
Representation and fee application
The court explained that federal law allows a person to represent herself, but a nonlawyer cannot represent another person in federal court. Because Rivers gave no indication that she was an attorney, the court ruled that she could not assert claims on Oree’s behalf, even though Oree had alleged disabilities.
The court therefore dismissed Darney Rivers as a plaintiff and denied her request to proceed without prepaying fees. It directed the Clerk of Court to amend the caption to replace Rivers with Oree as the plaintiff.
Required filings and ruling
Within 30 days of the order, Adrian Oree must either pay $405 in filing and administrative fees or submit the attached application to proceed without prepaying fees. Oree must also personally sign and submit the complaint’s signature page. The documents must identify docket number 25-CV-363.
No summons will issue at this time. If Oree submits the required documents, the Clerk’s Office will process the case under its procedures. If she does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not bar a later filing. The court also denied fee-waiver status for any appeal, certifying that an appeal would not be taken in good faith. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.