MYPARKINGTICKETS.COM LLC v. THE CITY OF NEW YORK

Background

The complaint was initially filed in the Eastern District of Pennsylvania and then transferred to the Southern District of New York. Although the caption identified Myparkingtickets.com LLC as the plaintiff, the court found that Fritz Gerald Toussaint, an individual, actually filed the complaint. The court relied on the Eastern District docket, the handwriting on the complaint, and the address listed in the filing, which matched an address Toussaint had frequently used.

Toussaint listed 6522 El Cajon Blvd., St. 124, PMB 137, San Diego, California 92115 as his address. The court concluded from his litigation history that this was not a valid current address. The court noted that mail sent to that address had previously been returned in other cases and that courts had previously required him to provide updated addresses.

Order

The court directed Toussaint to provide a valid current address in writing within 30 days of the order. It warned that failure to do so would result in dismissal of this action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. A dismissal without prejudice generally does not bar a later filing, although this order itself did not dismiss the action.

The court also warned that continuing to file cases without providing a valid address could lead to an order requiring Toussaint to explain why he should not be barred from filing new actions without paying court fees unless he first received permission. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims against the City of New York.