Firsov v. Church of Scientology of Silicon Valley

Background

Leonid Firsov, a minor proceeding without a lawyer through his parent Sergey Firsov, sued the Church of Scientology of Silicon Valley and the Church of Scientology Mission of Silicon Valley. He filed a request to proceed without paying filing fees and consented to proceedings before a United States magistrate judge.

Judge Susan van Keulen denied the filing-fee request, explaining that the court had to consider the financial resources of both the minor and the parent or other person acting for the minor. After Firsov submitted additional financial information, Judge van Keulen again denied the request because the information showed that Firsov did not qualify to proceed without paying the fee. Judge van Keulen also denied Firsov’s motion to disqualify her.

Firsov then moved to withdraw his consent to magistrate-judge jurisdiction. He argued that his income and expenses should be kept under seal and that a summons should be issued.

Court’s analysis

A magistrate judge may conduct all proceedings in a civil case when all parties consent. The court explained that a party does not have an absolute right to withdraw that consent. Withdrawal may be allowed for good cause or extraordinary circumstances.

The court found that Firsov’s request was based on his disagreement with the denials of his filing-fee applications, the handling of the applications’ public availability, and the requirement that he pay the filing fee before a summons would issue. The court ruled that dissatisfaction with a magistrate judge’s decisions was not enough to establish extraordinary circumstances. It also noted that Firsov had not filed a motion to seal the applications under the applicable local rule or shown that the requirements for sealing were met.

Ruling

Judge Beth Labson Freeman, acting as duty judge, denied Firsov’s Motion to Withdraw the Consent to Magistrate Judge. The court returned the case to Judge Susan van Keulen for further proceedings.