Cabot v. ACE FUNDING SOURCE LLC
- Lewis Liman
- 1:25-cv-05241
- U.S. District Court · Southern District of New York
- 2
In Cabot v. ACE Funding Source LLC, Judge Swain ordered payment or an application to proceed without fees before the case could move forward.
The plaintiffs, Cabot Solutions LLC and Alexander Angel Cabot II, must either pay the $405 fee or submit the required application within 30 days for the case to proceed.
What happened
Cabot Solutions LLC and Alexander Angel Cabot II submitted this action against ACE Funding Source LLC by email, and the court assigned it a case number. The case cannot proceed until the plaintiffs pay the required fees or request permission to proceed without paying them upfront.
The court gave the plaintiffs 30 days from June 27, 2025, to pay $405 or submit a completed and signed application to proceed without prepaying fees. No further action will be taken, and no summons or answer will be required, until the court receives payment or the application. If the plaintiffs do not comply or request more time, the action will be dismissed without prejudice to refiling.
Judge Laura Taylor Swain issued the order directing payment or an application. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Cabot v. ACE FUNDING SOURCE LLC · No. 1:25-cv-05241
- Lewis Liman
- June 27, 2025
Background
The plaintiffs submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned the action docket number 25-CV-5241 (LTS). The opinion does not describe the underlying claims.
Payment or fee-waiver requirement
The court explained that a plaintiff starting a civil action must either pay the required fees or submit a signed application to proceed without prepaying fees, commonly called an in forma pauperis application. The required amount stated in the order was $405, consisting of a $350 filing fee and a $55 administrative fee.
The court ordered the plaintiffs, within 30 days of the order, to pay the fees or, if unable to pay, complete, sign, and submit the attached application. If more than one plaintiff seeks to proceed without prepaying fees, each plaintiff must submit a separate application. The order provides instructions for paying by mail or in person.
Effect of compliance or noncompliance
The court stated that no further action would be taken, and no summons would issue or answer would be required, until payment or a completed and signed application was received. If the court grants the application, the plaintiffs may proceed without prepaying fees. If the plaintiffs fail to comply within the allowed time or fail to request an extension, the action will be dismissed without prejudice to refiling.
Ruling
Judge Laura Taylor Swain directed the plaintiffs to pay the required fees or submit an application to proceed without prepaying them. The court also certified that any appeal from the 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.