Craig & Juan v. Disrespectful "SUS"
- Colleen McMahon
- 1:20-cv-08071
- U.S. District Court · Southern District of New York
- 3
In Craig & Juan v. Disrespectful “SUS,” Judge McMahon ordered plaintiffs to pay fees or submit proper applications and addresses before the case could proceed.
The order directly affects “Craig & Juan” and the entities listed as plaintiffs by requiring payment, proper applications to proceed without prepaying fees, and addresses. It also delays issuance of summonses and warns that the action will be dismissed for noncompliance.
What happened
In Craig & Juan v. Disrespectful “SUS,” the plaintiffs filed a civil action without a lawyer and included several companies in the caption. The court noted that companies generally must have lawyers and that Craig & Juan could not represent other people or entities without being licensed attorneys.
The plaintiffs submitted a handwritten request to proceed without paying fees, but it did not contain enough information for the court to decide whether each plaintiff could pay. The court also noted that the plaintiffs had not provided physical or email addresses.
Judge Colleen McMahon ordered the plaintiffs, within 30 days, either to pay the $400 filing and administrative fees or for each plaintiff to submit a completed and signed application to proceed without prepaying fees. They also had to provide addresses; no summons would issue then, and the action would be dismissed if they failed to comply. The court also denied fee-free status for any appeal from the order.
The detailed version
- Craig & Juan v. Disrespectful "SUS" · No. 1:20-cv-08071
- Colleen McMahon
- Oct. 7, 2020
Background
“Craig & Juan” filed this action without a lawyer. The caption also appeared to name several companies as plaintiffs, but the complaint contained only the signature of “Craig & Juan” and another illegible signature. The court explained that partnerships and limited liability companies may not appear in federal court without counsel, and that people proceeding without lawyers may not represent other people or entities.
The plaintiffs submitted a handwritten request to proceed without prepaying court fees. The court found that the request did not provide the information needed to determine each plaintiff’s ability to pay. The plaintiffs also had not provided physical or email addresses.
Order
The court directed the plaintiffs, within 30 days of the order, to do one of two things: pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or have each plaintiff submit a completed and signed application to proceed without prepaying fees. Each application had to identify docket number 20-CV-8071 (CM). The court stated that, if it granted the applications, the plaintiffs could proceed without prepaying the filing fees.
The court also directed the plaintiffs to provide their addresses. If they returned within 30 days, the Clerk of Court was directed to provide copies of the order and the required applications and note service on the docket. No summons would issue at that time. The court warned that it could dismiss the action if the plaintiffs failed to provide addresses and that the action would be dismissed if they failed to comply with the order within the allowed time.
Disposition
Judge Colleen McMahon issued an order directing payment of fees or submission of proper applications to proceed without prepaying fees. The order did not decide the underlying claims. The court certified that an appeal would not be taken in good faith and denied the plaintiffs fee-free status for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.