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S.D.N.Y.Procedural orderFiled June 9, 2025

Villa v. Garan Services Corp.

Judge
Ronnie Abrams
Docket
1:25-cv-04609
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Villa v. Garan Services Corp., Judge Swain ordered payment or an IFP application before the case could proceed.

Who this affects

Plaintiff Jesus E. Villa must either pay the $405 fee or submit a signed fee-waiver application within 30 days for the case to proceed. Defendant Garan Services Corp. is not required to respond unless the case moves forward.

What happened

In Jesus E. Villa v. Garan Services Corp., the court directed Plaintiff Jesus E. Villa to either pay the required $405 fee or submit a signed application to proceed without paying it upfront.

Villa has 30 days from the order to comply or request more time. Until then, the court will take no further action, issue no summons, and require no answer from Garan Services Corp.

If Villa does not comply, the action will be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Villa v. Garan Services Corp. · No. 1:25-cv-04609
Judge
Ronnie Abrams
Date
June 9, 2025

Order

The court directed Plaintiff Jesus E. Villa to pay the fees required to start a civil action or submit a signed application to proceed without prepaying those fees. The order states that the total fee was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.

Requirements and Effect

Villa must comply within 30 days of the order by either paying the fee or submitting a completed and signed application to proceed without prepayment of fees. The order provides payment instructions, including acceptable payment methods and the requirement that payment include the docket number.

Until the fee is paid or a completed and signed application is received, the court will take no further action in the case. No summons will issue, and Garan Services Corp. will not be required to file an answer. If Villa submits proper payment, the case will proceed after the payment is processed. If the court grants the fee application, Villa may proceed without prepaying the fees.

Disposition

The order states that if Villa fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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