Firsov v. JetBlue Airways Corporation

Background

Sergey Firsov filed this civil case against JetBlue Airways Corporation and requested permission to proceed without prepaying the court’s filing fee under 28 U.S.C. § 1915(a)(1). On April 18, 2025, the court denied that request and ordered him to pay the filing fee by May 6, 2025, or risk dismissal. After he did not pay, the court ordered him to explain why the case should not be dismissed for failure to prosecute and failure to meet court deadlines. The court later told him that he could respond to that order or pay the $405 filing fee by May 22, 2025.

Motion for Reconsideration

Firsov moved for reconsideration of the order denying his request to proceed without prepaying the filing fee. Under Civil Local Rule 7-9, reconsideration may be based on a previously unknown material difference in fact or law, new material facts or a change in law, or the court’s failure to consider material facts or decisive legal arguments. The rule also provides that reconsideration motions are disfavored and may not be used to present arguments or evidence that could reasonably have been presented earlier.

Firsov stated that the Santa Clara County Department of Child Support Services charged his employment account $4,000 per month. The court noted that materials submitted by Firsov showed that he was employed and earned approximately $132,000 per year in gross salary. The court also considered information from other cases Firsov had recently filed in the district, including statements about his wife’s income and his recent international flights involving himself, his family, and his dogs.

Ruling

The court found that Firsov failed to satisfy any ground for reconsideration under Civil Local Rule 7-9 and denied his motion for reconsideration. The court extended his deadline to pay the filing fee to June 5, 2025. It stated that, if he did not pay the fee, it would recommend dismissing the case without prejudice. This order did not decide the underlying claims against JetBlue.