Firsov v. Frontier Airlines, Inc

Background

The court previously denied Sergey Firsov’s application to proceed without paying the filing fee, commonly called an in forma pauperis application. The filing fee in this action is $405. After Firsov submitted a request about the fee waiver on a state-court form, the court treated it as a request for permission to file a motion for reconsideration. The court allowed that motion and directed Firsov to submit a sworn declaration and supporting documents about his ability to pay. It also suspended the original deadline for paying the fee while the reconsideration request was pending.

Motion for Reconsideration

Firsov submitted additional information about his financial condition. After considering that material, Judge Van Keulen denied reconsideration of the order denying his fee-waiver application. The court explained that an applicant must describe poverty with particularity and concluded that, in light of Firsov’s resources, he had not shown that he could not afford the filing fee by adjusting or deferring discretionary expenses.

The court reset the payment deadline to June 18, 2025. It stated that, if Firsov does not pay by that date, the court will issue an order that the case be reassigned to a district judge with a recommendation that the case be dismissed without prejudice.

Motion to Disqualify

Firsov also moved under 28 U.S.C. § 455 to disqualify Judge Van Keulen. He asserted that the court had prevented issuance of the summons, leaving him unable to serve Frontier Airlines, and that the court should have sealed his fee-waiver application. The court applied the standard asking whether a reasonable person who knew all the facts would question the judge’s impartiality. It explained that ordinary rulings and opinions formed during the case generally are not enough to require disqualification.

The court ruled that Firsov was not entitled to issuance of the summons unless and until he paid the filing fee because his fee-waiver application had been denied. It also ruled that the court was not required to seal the fee-waiver application because Firsov had not filed a motion to seal or shown that the applicable sealing standards were met. Judge Van Keulen therefore denied the motion to disqualify.

Disposition

The court denied Firsov’s motion for reconsideration and denied his motion to disqualify Judge Van Keulen. The opinion did not decide the underlying claims against Frontier Airlines.