Friedeberg v. Moen Corp.
- Laura Swain
- 1:25-cv-04051
- U.S. District Court · Southern District of New York
- 1
In Friedeberg v. Moen Corp., Judge Swain dismissed the complaint without prejudice after Friedeberg failed to pay fees or submit required documents.
Donna L. Friedeberg’s complaint against Moen Corp. and Delta Faucet Company was dismissed without prejudice. The court also denied fee-waiver status for any appeal.
What happened
In Friedeberg v. Moen Corp., the court had directed Donna L. Friedeberg to either pay the $405 filing fee or submit an application to proceed without paying the fee upfront, and to provide a signed signature page.
Friedeberg did not pay the fee, submit the fee-waiver application, or provide the signed signature page within the required thirty days. The court’s order had warned that failing to do so would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Friedeberg v. Moen Corp. · No. 1:25-cv-04051
- Laura Swain
- June 30, 2025
Background
The court had previously ordered Donna L. Friedeberg, within thirty days, to do both of the following: submit a completed application to proceed without prepaying the filing fee or pay the $405.00 civil filing fee, and submit a signed signature page. The May 20, 2025 order warned that failure to comply would result in dismissal of the complaint.
Failure to Comply
The court stated that Friedeberg had not submitted the fee-waiver application, paid the filing fee, or submitted the signed signature page.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not describe any future filing requirements. Chief Judge Laura Taylor Swain directed the clerk to enter judgment. She also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied the application to proceed without prepaying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.