Taskem v. American Web Coders

Background

Taskem and William Scales filed this action without counsel. They submitted the complaint without paying the required fees. The court stated that filing a civil action requires payment of a $350 filing fee and a $55 administrative fee, for a total of $405, unless the plaintiff properly requests permission to proceed without paying the fees in advance.

The court explained that only a natural person can proceed without prepaying fees. An artificial entity, such as Taskem, cannot use that procedure. The opinion also states that a corporation cannot proceed without a lawyer and warns that William Scales may be barred from filing lawsuits on behalf of an artificial entity without first obtaining permission from the court.

Order

The court ordered the plaintiffs to pay $405 within 30 days of the order. Payment could be made by mail or in person under the instructions in the order. Until the fees are paid, no further action would be taken, no summons would issue, and the defendants would not be required to answer.

If the plaintiffs had already submitted proper payment, the case would proceed after the payment was processed. If they failed to comply within the allowed time, the action would be dismissed without prejudice. The opinion separately notes that even if fees were paid, GMN would remain subject to dismissal because an artificial entity cannot proceed without counsel.

Appeal and Scope of the Ruling

The court certified under federal law that an appeal from this order would not be taken in good faith and denied payment-free status for an appeal. The order addressed filing fees and representation requirements; it did not decide the merits of the plaintiffs' underlying claims. Judge Laura Taylor Swain signed the order.