Firsov v. Air Canada, Inc.

Background

Sergey Firsov and Kateryna Pomogaibo sued Air Canada, Inc. Both plaintiffs were proceeding without counsel and applied to proceed in forma pauperis, meaning they asked to proceed without paying the filing fee and related costs.

The court had previously ordered both plaintiffs to explain why their applications should not be denied. Firsov reported gross income of $124,800 per year. The court had asked him to identify financial commitments arising from legal obligations, such as child-support, lease, or mortgage obligations, and to provide documentary evidence. Firsov responded that he funded many expenses through debt, referred to a fee waiver in a state eviction case, and did not provide the requested information or documents.

Pomogaibo reported household income of about $60,000 and basic expenses exceeding that amount. The court asked her to explain how she could own a home worth $50,000 while paying $4,800 in monthly rent. She explained that she owned a home in Ukraine that she had been forced to abandon because of the war there, and that she rented a three-bedroom apartment in Mountain View for herself, her son, daughter, mother, and brother. She also stated that another daughter would be joining them from Ukraine.

Rulings on the fee applications

The court concluded that Firsov could afford the filing fee and service costs by adjusting his discretionary spending. It therefore denied Firsov’s application to proceed without paying those costs.

The court found that Pomogaibo had shown sufficient cause. It therefore granted Pomogaibo’s application to proceed without paying the filing fee.

Order concerning Firsov’s claims

Because Firsov’s application was denied, the court ordered him to show cause—meaning to explain—why his claims should not be dismissed for failure to pay the filing fee. He must either pay the filing fee or file a response explaining why dismissal is not appropriate by September 18, 2025.

The court explained that if Firsov does not pay the filing fee, it will screen Pomogaibo’s claims under 28 U.S.C. § 1915(e)(2)(B). That screening determines whether an action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks money from a defendant who is immune from such relief. The court will wait to conduct that screening unless Firsov fails to pay by the deadline.

If Firsov does not pay or show cause, the magistrate judge stated that the case would be reassigned to a district judge, along with a report and recommendation that Firsov’s claims be dismissed for failure to pay. The district judge could adopt or decline that recommendation and could affirm or reverse the denial of Firsov’s fee application. The order itself did not dismiss Firsov’s claims or decide the merits of either plaintiff’s claims.

Other deadline ruling

The court stayed the fourteen-day deadline for Firsov to challenge the order under Federal Rule of Civil Procedure 72(a). The stay will be lifted if the magistrate judge issues a report and recommendation for dismissal. Firsov would then be able to file specific objections under Rule 72(b)(2), and objections challenging the reasons for denying his fee application would also serve as his Rule 72(a) challenge.

Disposition

The order denied Firsov’s application, granted Pomogaibo’s application, and ordered Firsov to show cause why his claims should not be dismissed or to pay the filing fee. It did not reach the underlying claims against Air Canada.