Varlack v. TransUnion
- Laura Swain
- 1:23-cv-06760
- U.S. District Court · Southern District of New York
- 3
In Varlack v. TransUnion, Judge Swain ordered an unsigned amended complaint’s signature page within 30 days or the case would be dismissed.
Tynearia A. Varlack is required to submit a proper signature page for her amended complaint. The case’s processing, and whether the action will be dismissed, depends on her compliance with the order; the defendants are also affected by that procedural requirement.
What happened
Varlack v. TransUnion involves Tynearia A. Varlack’s amended complaint, which she filed without a signature while representing herself. The court explained that an unrepresented party must sign pleadings, either by hand or through an approved electronic signature.
The court directed Varlack to resubmit the signature page within 30 days. A mailed or hand-delivered page must have a handwritten signature; an emailed page may use an electronic signature or a typed name preceded by “/s/” in the signature block.
Judge Swain ordered that no summons issue at that time and stated that the case would be processed if Varlack complied, but the action would be dismissed if she did not. The court also denied fee-free appeal status for any appeal from the order.
The detailed version
- Varlack v. TransUnion · No. 1:23-cv-06760
- Laura Swain
- Feb. 8, 2024
Background
Tynearia A. Varlack brought the action without a lawyer. The opinion states that she submitted an amended complaint without a signature. The listed defendants are TransUnion, LLC; Experian; Equifax; and Discover Bank. The opinion does not decide the underlying claims.
Signature requirement
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading personally. The court explained that a typed name alone is not enough, but that court rules allow approved electronic signatures. Under the Southern District of New York’s electronic filing rules, a pro se party submitting a document by email may use an electronic signature or a typed name preceded by “/s/” in the signature block. A typed name without “/s/,” or a typed name outside the signature block, is insufficient.
Order and effect
The court directed Varlack to resubmit the amended complaint’s signature page within 30 days of the order. If she returns it by mail or in person, it must contain an original handwritten signature. If she emails it to the court’s pro se filing address, it must comply with the court’s electronic filing rules.
No summons shall issue at that time. If Varlack complies, the Clerk’s Office will process the case under its procedures. If she fails to comply within the allowed time, the action will be dismissed. The order does not state that the action was dismissed as of February 8, 2024.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for an appeal. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.