Finnegan v. Uber Technologies Inc.
- Laura Swain
- 1:21-cv-11110
- U.S. District Court · Southern District of New York
- 2
In Finnegan v. Uber Technoligies Inc., Judge Swain ordered payment or an amended fee-waiver application before the case could proceed.
The order directly affects Sean Matthew Finnegan and determines what he must do before his action can proceed. It also temporarily prevents summonses from issuing and states that the action will be dismissed if he does not comply within 30 days.
What happened
In Finnegan v. Uber Technoligies Inc., Sean Matthew Finnegan filed the action without a lawyer and asked to proceed without paying court fees. His application said he had no income or money in accounts but did not answer questions about assets, debts, and other financial obligations.
The court ordered Finnegan, within 30 days, either to pay $402 in fees or submit an amended application with the missing financial information. No summons will issue yet, and the case will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Finnegan v. Uber Technologies Inc. · No. 1:21-cv-11110
- Laura Swain
- Jan. 5, 2022
Background
Sean Matthew Finnegan brought the action without a lawyer. To proceed without paying court fees, he submitted an application to proceed without prepayment of fees, commonly called an IFP application. The court explained that the required fees totaled $402: a $350 filing fee and a $52 administrative fee.
Finnegan stated that he had earned no income during the previous 12 months and had no cash or money in checking or savings accounts. But he did not answer whether he owned assets or state their values. He also did not fully identify his debts or other financial obligations and their amounts. Because of these omissions, the court could not determine whether he was unable to pay the fees.
Order
The court ordered Finnegan, within 30 days of January 5, 2022, to do one of two things: pay the $402 in fees or submit an amended IFP application. The amended application must use docket number 1:21-CV-11110 (LTS) and provide facts addressing the missing information. If the court grants the amended application, Finnegan may proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Finnegan and record service on the docket. No summons was to issue at that time. If Finnegan complied, the action would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.