Ghorbani v. Goldman Sachs

Background

Christian Ghorbani brought the action pro se, meaning without a lawyer. The caption also names Chalet House LLC as a plaintiff. The order states that a non-lawyer cannot appear on behalf of another party, so Ghorbani cannot represent Chalet House LLC.

To start a civil case in the court, a plaintiff must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without paying the fees in advance. Ghorbani submitted such an application, commonly called an in forma pauperis application, but it was incomplete. He did not answer, or did not fully answer, questions about when he last worked, his earnings, current business or professional income, other self-employment income, and how he supports himself.

Order

The court directed Ghorbani, within 30 days of the order, to do one of two things: pay the $400 in fees or submit an amended application. The amended application must use docket number 20-CV-7875 (CM), answer every question, identify all sources of income and monthly expenses, and provide facts showing that he cannot pay the fees. The order says that, if the court grants the amended application, Ghorbani may proceed without paying the fees in advance.

If Ghorbani did not comply within the allowed time, the action would be dismissed. The order itself did not decide the claims against Goldman Sachs. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order states that applicants should not attach bank statements or other documents to the application.

Disposition

Judge Colleen McMahon ordered payment of the fees or submission of an amended fee-waiver application. She did not grant the existing application, and she did not reach the merits of the case.