No v. Facebook
- Colleen McMahon
- 1:19-cv-11406
- U.S. District Court · Southern District of New York
- 2
In No v. Facebook, Judge McMahon ordered Jeong-Suk No to pay $400 or submit a complete fee-waiver application within 30 days.
Jeong-Suk No, who must either pay the required fees or submit a complete amended fee-waiver application within 30 days.
What happened
Jeong-Suk No v. Facebook involves a lawsuit brought without a lawyer against Facebook, Gmail, Yahoo Email, Google, Skype, and Apple. The opinion does not describe the lawsuit’s underlying claims.
No asked to proceed without paying the court’s fees, but the application did not provide enough information about income, expenses, assets, or how No is supported. The court therefore could not determine whether No was unable to pay.
Judge Colleen McMahon ordered No, within 30 days, to either pay $400 or submit an amended application answering every question and providing the missing financial information. The court also said that failing to comply would result in dismissal and denied fee-free status for any appeal from this order.
The detailed version
- No v. Facebook · No. 1:19-cv-11406
- Colleen McMahon
- Dec. 16, 2019
Background
Jeong-Suk No brought this action without a lawyer against Facebook, Gmail, Yahoo Email, Google, Skype, and Apple. The opinion does not identify the claims or explain the underlying dispute.
To proceed in the federal court without paying fees in advance, No submitted an application for permission to proceed without prepayment of fees. The application stated that No was unemployed, but did not answer questions about income and financial circumstances. It also did not provide enough information about income, monthly expenses, assets, or how No was able to support himself.
Court’s order
The court ordered No, within 30 days of December 16, 2019, to do one of two things:
1. Pay the $400 filing and administrative fees; or 2. Submit an amended application labeled with docket number 19-CV-11406 (CM).
The amended application must answer every question, identify all sources of income and monthly expenses, describe any assets, and provide facts showing that No cannot pay the fees. If the court grants the amended application, No may proceed without paying the fees in advance.
The court did not issue a summons at that time. It stated that the case would be processed if No complied with the order and would be dismissed if No did not comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Disposition and scope
Judge Colleen McMahon issued an order directing payment of fees or submission of an amended fee-waiver application. The opinion does not decide the merits of the lawsuit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.