ABC v. DEF
- Laura Swain
- 1:25-cv-03487
- U.S. District Court · Southern District of New York
- 3
In ABC v. DEF, Judge Swain allowed ABC to proceed without fees but required a lawyer or withdrawal within 30 days in the fraud case.
ABC must retain an attorney or withdraw the False Claims Act action within 30 days; otherwise, the action will be dismissed without prejudice. The complaint remains sealed, but ABC’s identity and this order will be public.
What happened
In ABC v. DEF, ABC, representing herself, filed a case under the False Claims Act alleging fraud against the federal government. The court granted ABC permission to proceed without paying filing fees.
The court ruled that a person cannot represent the United States in a False Claims Act case without a lawyer because the case does not concern that person’s own legal interest. ABC therefore has 30 days to hire a lawyer or withdraw the case.
If ABC does neither, the case will be dismissed without prejudice without another court order, and judgment will be entered. Judge Swain also ordered that ABC’s identity and this order be made public while the complaint remains sealed, and denied permission to appeal without paying fees.
The detailed version
- ABC v. DEF · No. 1:25-cv-03487
- Laura Swain
- May 6, 2025
Background
ABC, who is proceeding without a lawyer, filed a qui tam action under the False Claims Act. A qui tam action allows a private person, called a relator, to sue on behalf of the United States based on alleged fraud against the federal government. ABC requested permission to proceed without paying the filing fee, and the court granted that request.
Counsel Requirement
The court explained that the United States remains the real party in interest in a False Claims Act qui tam action. Under the governing rule for self-represented litigants, a person may proceed without a lawyer only when litigating a personal legal interest. Because a relator’s interest in a qui tam action is not personal, the court held that ABC cannot continue this action without counsel.
The court granted ABC 30 days to either retain an attorney, who must file a notice of appearance, or withdraw the action. If ABC does not do one of those things within 30 days of the order, the action will be dismissed without prejudice without further order of the court, and judgment will enter. The court stated that ABC may pursue non-False Claims Act claims arising from the same facts in a separate action, subject to the filing-fee requirements or a new request to proceed without paying fees.
Sealing and Appeal-Fee Status
After reviewing the complaint privately, the court ordered that the seal be lifted as to this order and later orders. It also ordered that the seal be lifted as to ABC’s identity and directed the Clerk of Court to list ABC’s name on the public docket. The complaint itself remains sealed. The court noted that ABC may redact defendants’ names or other sensitive information from later filings if desired.
The court certified that an appeal would not be taken in good faith and denied ABC permission to appeal without paying fees.
Disposition
Judge Laura Taylor Swain granted ABC permission to proceed without paying the filing fee, granted 30 days’ leave to retain counsel or withdraw the action, ordered public docketing of ABC’s identity and this order while keeping the complaint sealed, and denied permission to appeal without paying fees. The court did not reach the merits of the False Claims Act allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.