Sima v. Nelson, Mullins, Riley & Scarborough LLP
- Valerie Caproni
- 1:24-cv-03909
- U.S. District Court · Southern District of New York
- 2
In Sima v. Nelson, Mullins, Riley & Scarborough LLP, Judge Swain ordered payment or an IFP application before the case could proceed.
Amanda Sima, who must pay the required fees or submit a signed application to proceed without prepaying them before the case can proceed; the defendants are not required to answer unless that condition is met.
What happened
In Sima v. Nelson, Mullins, Riley & Scarborough LLP, Amanda Sima submitted a civil action by email. The court directed her to either pay the required fees or request permission to proceed without paying them upfront.
Within 30 days, Sima must pay $405 or submit a completed and signed application to proceed without prepaying fees. Until one of those steps is completed, the court will take no further action, issue no summons, and require no answer from the defendants.
If Sima does not comply or request more time, the action will be dismissed without prejudice to refiling. Judge Laura Taylor Swain also said that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Sima v. Nelson, Mullins, Riley & Scarborough LLP · No. 1:24-cv-03909
- Valerie Caproni
- May 22, 2024
Background
Amanda Sima submitted this civil action to the U.S. District Court for the Southern District of New York by email. The order does not address the underlying claims or explain the factual dispute, if any, between Sima and the defendants.
Required filing-fee or IFP step
The court ordered Sima, within 30 days, to either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The $405 consists of a $350 filing fee and a $55 administrative fee, according to the order. “IFP” means permission to proceed without paying court fees upfront.
The court stated that no further action would be taken, no summons would issue, and no answer would be required until the fees were paid or a completed and signed IFP application was received. If Sima complies, the Clerk’s Office will process the case. If the court grants the IFP application, Sima may proceed without prepaying the fees.
Disposition
The order does not decide the merits of Sima’s claims. It states that if she fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.