Shukla v. Apple Inc.
- Jesse Furman
- 1:21-cv-03287
- U.S. District Court · Southern District of New York
- 2
In Shukla v. Apple Inc., Chief Judge Swain ordered payment of a $2 filing-fee balance or dismissal without prejudice.
Ashu Shukla, who was required to pay the remaining $2 in filing fees or risk dismissal without prejudice and return of the $400 check.
What happened
Shukla v. Apple Inc. concerns Ashu Shukla’s pro se lawsuit against Apple, Inc. and Deloitte Consulting, LLP. Shukla submitted a certified check for $400 to begin the case.
The court explained that the required filing and administrative fees totaled $402. It gave Shukla 30 days to submit the remaining $2 by certified check or money order. If Shukla paid the balance, the case would be processed; otherwise, the court would return the $400 check and dismiss the complaint without prejudice to refiling with the proper fees or an application to proceed without prepaying fees.
Chief Judge Laura Taylor Swain also stated that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against Apple or Deloitte.
The detailed version
- Shukla v. Apple Inc. · No. 1:21-cv-03287
- Jesse Furman
- Apr. 16, 2021
Background
Ashu Shukla filed this action without a lawyer against Apple, Inc. and Deloitte Consulting, LLP. To start a civil case in the Southern District of New York, a plaintiff must either pay the required filing fees or submit an application to proceed without prepaying those fees.
Fee Balance
The court stated that the total fees applicable to this action were $402: a $350 filing fee and a $52 administrative fee. Shukla submitted a certified check for $400, leaving a $2 balance.
The court ordered Shukla to send a $2 certified check or money order to the court’s cashier within 30 days. It directed the Cashier’s Unit to hold the $400 check during that period. If the court received the $2 balance on time, the Clerk’s Office would process the case under its ordinary procedures. If the court did not receive the balance, the $400 check would be returned and the complaint would be dismissed without prejudice to refiling with the proper fees or an application to proceed without prepaying fees.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed only the filing-fee issue and did not decide the merits of Shukla’s claims.
Judge and Disposition
Chief Judge Laura Taylor Swain issued the order directing payment of the $2 balance and specifying the consequences if Shukla did not pay it within 30 days.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.