Hecht v. Brandt

Background

Heidi Brandt removed the action from New York Supreme Court, New York County, by filing a notice of removal on July 20, 2023. When a party starts a federal civil action through the court’s email system, the party generally has 21 days to pay the $402 filing fees, consisting of a $350 filing fee and a $52 administrative fee. A party who cannot pay may instead request permission to proceed without prepaying the fees by submitting an application under 28 U.S.C. §§ 1914–1915.

Brandt did not submit an application when she filed the notice of removal, and 21 days had passed. The opinion also states that Jerry Wells, the other state-court defendant, filed a separate notice of removal the same day, resulting in a separate civil action, Hecht v. Wells, No. 23-CV-6276 (LTS). The court said it was unclear why Brandt and Wells did not file one notice of removal.

Order

The court ordered Brandt, within 30 days of the order, either to pay the $402 in fees or submit the attached application to proceed without prepaying fees. The application was to identify docket number 23-CV-6279 (LTS). If the court granted the application, Brandt would be permitted to proceed without prepayment.

The court stated that, if Brandt complied, the case would be processed under the Clerk’s Office procedures. If she failed to comply within the allowed period, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

This is an order requiring payment of filing fees or an application to proceed without prepayment; it did not itself dismiss the action. The order was signed by Chief United States District Judge Laura Taylor Swain.