Abrams Fensterman, LLP v. Zafrin
- Laura Swain
- 1:22-cv-05679
- U.S. District Court · Southern District of New York
- 4
In Abrams Fensterman v. Zafrin, Chief Judge Swain ordered payment of filing fees or an IFP application within 30 days.
Abrams Fensterman, LLP, the plaintiff identified in the opinion as proceeding without a lawyer, had to pay the required fees or submit an IFP application within 30 days. Mark H. Zafrin was the named defendant, and the case would be dismissed if the plaintiff did not comply.
What happened
Abrams Fensterman, LLP sued Mark H. Zafrin, but the opinion does not describe the underlying claims. The court said the plaintiff filed the action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered the plaintiff, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time. If the plaintiff did not comply, the action would be dismissed.
Chief Judge Laura Taylor Swain also ruled 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 dispute.
The detailed version
- Abrams Fensterman, LLP v. Zafrin · No. 1:22-cv-05679
- Laura Swain
- July 28, 2022
Background
Abrams Fensterman, LLP brought the action against Mark H. Zafrin. The opinion states that the plaintiff brought the action without a lawyer. It does not describe the claims or the underlying dispute.
The plaintiff submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application. The court stated that the required fees totaled $402: a $350 filing fee and a $52 administrative fee.
Order
Within 30 days after the order, the plaintiff had to either pay the $402 in fees or submit a signed IFP application. The court explained that, if it granted the application, the plaintiff could proceed without paying the fees in advance. The application was to identify docket number 22-CV-5679 (LTS).
The court ordered that no summons issue at that time. It stated that, if the plaintiff complied, the case would be processed under the Clerk’s Office procedures. If the plaintiff failed to comply within the permitted time, the action would be dismissed.
Appeal and disposition
Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing fees and permission to proceed without prepayment; it did not reach the merits of the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.