7 West 21 LI LLC v. Mosseri

Background

Clement Mosseri, the defendant, attempted to proceed with a civil action in the Southern District of New York after filing a notice of removal. The opinion states that he was representing himself. He did not pay the required filing fees and did not submit an application to proceed without prepaying fees, also called an IFP application.

Fees and required filing

The court stated 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 IFP application. The court directed Mosseri, within 30 days of the order, to do one of those two things. If he submitted the application and the court granted it, he could proceed without paying the fees in advance.

Court’s order

The court ordered Mosseri to pay the fees or submit the IFP application. No summons would issue at that time. The court stated that, if Mosseri complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be remanded, meaning sent back, to state court.

Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith. Accordingly, fee-free status was denied for purposes of an appeal. The order did not decide the underlying claims or other merits of the dispute.