Friedeberg v. The OrthoGroup
- Laura Swain
- 1:25-cv-04049
- U.S. District Court · Southern District of New York
- 2
In Friedeberg v. The Ortho Group, Judge Swain ordered Donna L. Friedeberg to pay fees or request IFP status and submit a signed complaint.
Donna L. Friedeberg and The Ortho Group; the action's further processing depends on Friedeberg's timely payment or fee application and submission of a signed signature page.
What happened
Donna L. Friedeberg brought Friedeberg v. The Ortho Group without a lawyer. She submitted a complaint but did not pay the required fees or provide an application to proceed without prepaying them, and the complaint was unsigned.
The court gave her 30 days to pay $405 or submit an application to proceed without prepayment of fees, and separately gave her 30 days to submit a signed signature page. The court said no summons or answer would issue at that time.
Judge Laura Taylor Swain ordered that the action would be processed if Friedeberg complied, but would be dismissed without prejudice if she did not. Judge Swain also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Friedeberg v. The OrthoGroup · No. 1:25-cv-04049
- Laura Swain
- May 14, 2025
Background
Donna L. Friedeberg brought this action without a lawyer. She submitted a complaint but did not submit the fees required to start a civil action or an application to proceed without prepaying those fees. The complaint also did not contain her signature.
Fees
The court explained that starting a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepayment of fees. Within 30 days of the order, Friedeberg must either pay the $405 or submit the attached application. If the court grants that application, she may proceed without prepaying the fees.
Signature
The court directed Friedeberg to sign and submit the attached signature page within 30 days. The court relied on Federal Rule of Civil Procedure 11(a), which requires an unrepresented party to sign a pleading.
Order and effect
The court directed that no summons or answer issue at that time. If Friedeberg complies with the order, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed without prejudice, meaning the dismissal does not bar refiling.
The court also certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.