Hunte v. Rushmore Loan Management Services, LLC
- Kenneth Karas
- 7:22-cv-02169
- U.S. District Court · Southern District of New York
- 4
In Hunte v. Rushmore Loan Management Services, LLC, Judge Karas ordered payment or separate fee-waiver applications before the case could proceed.
Esther Hunte and Jonathan Hunte were required to pay the court’s fees or each submit a separate application to proceed without prepaying them; failure to comply could result in dismissal of that plaintiff’s claims.
What happened
Esther Hunte and Jonathan Hunte brought Hunte v. Rushmore Loan Management Services, LLC, without lawyers. They submitted a complaint but did not pay the required fees or file separate applications to proceed without paying them in advance.
The court gave each plaintiff 30 days to pay a total of $402 or submit a completed and signed application. No summons would issue at that time, and the court said it would dismiss a plaintiff’s claims if that plaintiff did not comply.
Judge Kenneth M. Karas also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Hunte v. Rushmore Loan Management Services, LLC · No. 7:22-cv-02169
- Kenneth Karas
- Mar. 28, 2022
Background
Esther Hunte and Jonathan Hunte brought this civil action without lawyers. They submitted a complaint but did not pay the fees required to begin a civil action and did not each submit a separate application to proceed without prepaying fees or costs, commonly called an IFP application.
Order
The court stated that proceeding with the action required payment of $402 in total: a $350 filing fee and a $52 administrative fee. Within 30 days of the order, the plaintiffs were required either to pay the total amount or for each plaintiff to complete, sign, and submit a separate IFP application. The court stated that if it granted Jonathan Hunte’s application, he would be allowed to proceed without prepaying the fees.
No summons was to issue at that time. If the plaintiffs complied, the action would be processed under the Clerk’s Office procedures. If either plaintiff failed to comply within the permitted time, the court stated that it would dismiss that plaintiff’s claims.
Other Ruling and Effect
Judge Kenneth M. Karas certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order directed the Clerk of Court to mail a copy to Jonathan Hunte and note service on the docket. The opinion does not decide the underlying claims against Rushmore Loan Management Services, LLC.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.