7 West 21 LI LLC v. Mosseri
- Laura Swain
- 1:22-cv-09506
- U.S. District Court · Southern District of New York
- 2
In 7 West 21 LI LLC v. Mosseri, Judge Swain remanded the action to state court because Mosseri neither paid filing fees nor requested to proceed without them.
The action brought by 7 West 21 LI LLC against Clement Mosseri was remanded from federal court to the Civil Court of the City of New York, County of New York, Housing Part. Mosseri was denied permission to proceed without paying fees for an appeal from this order.
What happened
In 7 West 21 LI LLC v. Mosseri, the federal court had ordered Clement Mosseri to file a request to proceed without paying filing fees or pay the required $402 fee within 30 days. The court warned that failing to do so would send the case back to state court.
Mosseri appealed that order, but the United States Court of Appeals for the Second Circuit dismissed the appeal. Mosseri still had not filed the request or paid the fee.
Judge Laura Taylor Swain remanded the action to the Civil Court of the City of New York, County of New York, Housing Part. She denied any pending motions to remand as moot and denied permission to proceed without paying fees for an appeal from this order.
The detailed version
- 7 West 21 LI LLC v. Mosseri · No. 1:22-cv-09506
- Laura Swain
- Apr. 25, 2023
Background
On November 14, 2022, the Court ordered Defendant Clement Mosseri either to submit a completed request to proceed without paying filing fees or to pay the $402 fee required to bring a civil action in federal court. The Court gave him 30 days and stated that failing to comply would result in the action being remanded to state court.
Mosseri appealed. The United States Court of Appeals for the Second Circuit dismissed that appeal in a mandate dated March 1, 2023, and issued March 22, 2023. Mosseri did not submit the fee-waiver request or pay the required fee.
Ruling
The Court remanded the action to the Civil Court of the City of New York, County of New York, Housing Part, under 28 U.S.C. §§ 1914 and 1915. The Court denied any pending motions to remand as moot. It also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Laura Taylor Swain directed the Clerk of Court to mail the order to the Clerk of the Civil Court's Housing Part.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.