Lee v. Proland Management
- Laura Swain
- 1:22-cv-06677
- U.S. District Court · Southern District of New York
- 2
In Lee v. Proland Management, Judge Swain dismissed the action without prejudice because Young Yil Jo filed it in Kum Nam Lee’s name despite filing injunctions.
Young Yil Jo remains barred from filing new actions without permission and from filing documents in another person’s name; Kum Nam Lee may bring a future action, and the present action against Proland Management was dismissed without prejudice.
What happened
In Lee v. Proland Management, the court said the action was presented as being brought by Kum Nam Lee but was actually filed by Young Yil Jo. The opinion does not describe the underlying claim against Proland Management.
The court relied on earlier orders barring Jo from filing documents in another person’s name and from starting a new case without permission. It dismissed this action without prejudice to any case Lee might bring in the future.
The court also said those filing restrictions remain in effect and denied permission to appeal without paying filing fees. Judge Swain warned that additional restrictions or sanctions could follow if Jo continued filing cases in other people’s names.
The detailed version
- Lee v. Proland Management · No. 1:22-cv-06677
- Laura Swain
- Aug. 26, 2022
Background
The court received the action on August 5, 2022. It was captioned as a case brought by Kum Nam Lee, but the court said its records showed that Young Yil Jo actually filed it. The opinion does not identify the underlying claim or explain the dispute with Proland Management.
The court referred to two earlier filing restrictions against Jo. One barred Jo from filing any document in the court in another person’s name. The other barred Jo from filing a new civil action or proceeding in the court without first obtaining the court’s permission.
Ruling
The court dismissed the action without prejudice to any civil action Kum Nam Lee might bring in the future. This means the dismissal did not prevent Lee from bringing a future action; the opinion did not decide the underlying claim.
The court stated that Jo remains subject to both filing restrictions. It said that it would continue dismissing any action or proceeding Jo filed in another person’s name, without prejudice to that other person’s possible future action. The court also warned that continued filings could lead to additional restrictions and sanctions.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required filing fees. It directed the clerk to mail the order to Kum Nam Lee at the address listed in the court’s records. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.