Leane v. Mishcon de Reya LLP
- Paul Gardephe
- 1:20-cv-08127
- U.S. District Court · Southern District of New York
- 2
In Leane v. Mishcon de Reya LLP, Judge Gardephe ordered pro se filer Mark Raskin to pay fees or request permission to proceed without prepaying them.
Mark Raskin was required to pay the filing fees or submit an application to proceed without prepaying them. The action could be returned to the New York state court if he failed to comply.
What happened
Leane v. Mishcon de Reya LLP is a federal court order about the filing requirements for Mark Raskin’s removal action.
Raskin filed the action without paying the required $400 in fees and without submitting a signed application to proceed without prepaying fees. He was given 30 days to pay or submit the application. If he did neither, the case would be returned to the New York state court.
Judge Paul G. Gardephe also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the parties’ underlying dispute.
The detailed version
- Leane v. Mishcon de Reya LLP · No. 1:20-cv-08127
- Paul Gardephe
- Oct. 20, 2020
Background
Mark Raskin, identified in the order as an attorney, filed the removal action without a lawyer. The order states that a party initiating a civil case in the Southern District of New York must either pay $400 in fees—$350 for filing and $50 in administrative fees—or submit a signed application to proceed without prepaying fees.
Raskin had submitted neither the fees nor the application. The order does not address the merits of the dispute between Raskin and the plaintiffs, Deirdre Leane and IPNAV, LLC, or the claims involving the other named defendants.
Order
The court ordered Raskin, within 30 days of October 20, 2020, to do one of two things: pay the $400 in fees, or complete, sign, and submit the attached application to proceed without prepaying fees. The application was to identify docket number 20-CV-8127. The court stated that, if the application were granted, Raskin could proceed without prepaying the fees.
The court directed the Clerk of Court to mail Raskin a copy of the order and record service on the docket. If Raskin complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be remanded—returned—to the Supreme Court of the State of New York, County of New York.
Appeal-related ruling
Judge Paul G. Gardephe certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order was procedural and did not resolve the underlying legal dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.