Firsov v. Air Canada, Inc.

Background

Sergey Firsov and Kateryna Pomogaibo, both representing themselves, applied to proceed in forma pauperis, meaning without paying the filing fee in advance. The court explained that granting the applications could excuse the plaintiffs from paying the $405 filing fee and could allow a court-appointed agent, typically the U.S. Marshal, to serve the complaint if the complaint was not subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).

Firsov’s application

Firsov reported gross income of $10,400 per month and reported that his current wife, Iana Rodionova, earned an additional $1,000 per month. The court stated that a household earning more than $100,000 per year could typically afford the filing fee and service costs. Firsov also reported monthly expenses totaling $13,881, including housing, food, clothing, support payments, child-related payments, a vehicle loan, and payments to the Department of Child Support. He reported having no money in his bank account or cash, debts exceeding $150,000, and a pending eviction case.

The court questioned whether some of Firsov’s reported spending could be adjusted without giving up life’s necessities. It ordered him to show cause—meaning to explain—why his application should not be denied. His response must identify which financial commitments arise from legal obligations, such as child-support orders, and must include documentary evidence of those obligations. He could instead withdraw his application and pay the filing fee by August 29, 2025. The order also stated that he could ask to file sensitive financial information under seal if he satisfied the applicable requirements.

Pomogaibo’s application

The court stated that when multiple plaintiffs seek to proceed without paying the filing fee, each plaintiff must qualify. If Firsov did not pay the fee or show that he could not pay it, the court would recommend dismissal of only Firsov’s claims on that basis and would consider Pomogaibo’s application separately.

Pomogaibo reported that she and her son each had $2,500 in monthly income. She reported that her income included medical benefits, government nutritional assistance, and unspecified business income. She also reported expenses for rent, utilities, and food exceeding that income, no cash, and $20,000 in credit-card debt. The court stated that it would at least consider allowing her to proceed without paying the filing fee, but questioned her statement that she owned or was buying a home worth $50,000 without a mortgage while also paying $4,800 per month in rent. The court ordered her to explain those statements by September 5, 2025, if Firsov did not pay the filing fee.

Ruling and next steps

The court ordered both plaintiffs to show cause why their applications should not be denied. It did not deny the applications in this order. If Firsov and/or Pomogaibo paid the filing fee, the applications would become moot and Pomogaibo would not need to respond. The court warned that failure to respond or pay the fee could result in dismissal for failure to prosecute, failure to comply with a court order, or failure to pay the filing fee.

Judge Lisa J. Cisneros continued the case management conference from August 12, 2025, to November 6, 2025, at 1:30 p.m., to be held by Zoom webinar.