Global Media Network v. Spotify

Background

Global Media Network and William Scales filed this action without counsel and did not submit the required fees. The court stated that filing a civil action in the Southern District of New York requires payment of a $350 filing fee and a $55 administrative fee, for a total of $405, or a signed application requesting permission to proceed without paying fees in advance.

Court’s Reasoning

The court explained that only a natural person may proceed without prepaying fees under the applicable statute. Global Media Network is an artificial entity, so it cannot receive that status. The court also noted that Global Media Network cannot proceed without counsel and warned that continuing to file cases on its behalf without a lawyer is vexatious. The opinion further states that William Scales had been ordered in a related proceeding to explain why he should not be barred from filing actions without prepaying fees, either in his own name or for a company, without first obtaining court permission.

Order

The court ordered the plaintiffs to pay $405 within 30 days of the order. No further action will occur, and no summons will issue or answer will be required, until the fees are paid. If the plaintiffs fail to comply, the action will be dismissed without prejudice. The court stated that the case may proceed after proper payment is processed, but also noted that Global Media Network remains subject to dismissal because it cannot proceed without counsel. Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.