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S.D.N.Y.Procedural orderFiled Feb. 28, 2022

Andersen v. British Airways PLC

Judge
Laura Swain
Docket
1:22-cv-01045
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Andersen v. British Airways, Judge Swain ordered Lauren Andersen to pay $402 or submit an application to proceed without prepaying fees within 30 days.

Who this affects

Lauren Andersen, who filed the action without a lawyer; the order also affects how the case may proceed before summons issues.

What happened

In Andersen v. British Airways (BA) PLC, Lauren Andersen filed the case without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.

The court ordered Andersen to pay $402 or submit a signed application to proceed without prepaying fees within 30 days. No summons would issue at that time, and the court said the action would be dismissed if she did 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

For law students, journalists, and other readers who want the full reasoning

Case
Andersen v. British Airways PLC · No. 1:22-cv-01045
Judge
Laura Swain
Date
Feb. 28, 2022

Background

Lauren Andersen brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees.

Court’s order

The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees. Andersen was given 30 days from the date of the order to do one of those two things. If she submitted the application, it had to identify docket number 22-CV-1045.

The court stated that, if it granted the application, Andersen could proceed without prepaying fees. No summons would issue at that time. If Andersen complied, the case would be processed under the Clerk’s Office procedures; if she did not comply within the permitted time, the action would be dismissed.

Appeal and disposition

The court certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain signed the order. The order addressed payment of fees and the application process; it did not decide the underlying claims against British Airways (BA) PLC or the other defendants.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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