ORDER ADDRESSING IN FORMA PAUPERIS MOTIONS
M. CHRISTINA ARMIJO, Chief District Judge.
THIS MATTER comes before the Court on Plaintiff's Applications to Proceed in District Court Without Prepaying Fees or Costs ("IFP Motions") filed in the following cases:
1:17-cv-00037-KK-SCY Carton v. Carroll Ventures Inc.
1:17-cv-00038-KBM-WPL Carton v. Cole MT Albuquerque (San Mateo) NM LLC
1:17-cv-00039-SCY-LF Carton v. Courtyard NM LLC
1:17-cv-00040-KK-SCY Carton v. HDY LLC
1:17-cv-00041-SCY-WPL Carton v. Roshni
1:17-cv-00042-SCY-WPL Carton v. Karasek, et al.
1:17-cv-00043-SCY-KBM Carton v. Laxmi Management LLC
1:17-cv-00044-LF-KK Carton v. LBC Company, LLC
1:17-cv-00045-KBM-LF Carton v. Mega Pie, LLC
1:17-cv-00046-SCY-KBM Carton v. San Mateo/Indian School, Inc.
1:17-cv-00047-KK-WPL Carton v. Spilca Nicolae & Mariana
1:17-cv-00048-WPL-SCY Carton v. Spirit Master Funding, LLC
1:17-cv-00049-KK-KBM Carton v. TMX 5200 Central LLC
1:17-cv-00057-WPL-KK Carton v. 6501 Lomas LLC
1:17-cv-00058-SCY-KK Carton v. Autozone Stores LLC
1:17-cv-00059-WPL-KBM Carton v. Bio-Medical Applications of N.M., Inc.
1:17-cv-00060-KK-WPL Carton v. Blakes Lotaburger, LLC
1:17-cv-00061-KBM-LF Carton v. Cimarron Holdings, LLC
1:17-cv-00063-WPL-SCY Carton v. Cole AB Albuquerque NM, LLC
1:17-cv-00064-LF-WPL Carton v. Cox and Allen, LLC
1:17-cv-00065-GBW-KK Carton v. Diamond Shamrock Stations, Inc.
1:17-cv-00066-KK-KBM Carton v. East Lomas, Partnership
1:17-cv-00067-KK-KBM Carton v. El Mirador, Inc.
1:17-cv-00068-KK-LF Carton v. ESS WCOT Owner, LLC
1:17-cv-00069-LF-KK Carton v. Goatcher Family, LTD
1:17-cv-00070-WPL-KK Carton v. Marky, et al
1:17-cv-00071-SCY-LAM Carton v. Lunnon Properties, LLC
1:17-cv-00073-WPL-SCY Carton v. Market Center East Retail Property, Inc.
1:17-cv-00074-WPL-SCY Carton v. McDonald's Corporation
1:17-cv-00075-WPL-CG Carton v. Miller Family Real Estate, LLC
1:17-cv-00076-LF-WPL Carton v. MVD Specialists, LLC
1:17-cv-00077-KK-WPL Carton v. Pacific Realty, CO
1:17-cv-00078-WPL-LF Carton v. Q Market Center, LLC
1:17-cv-00080-LF-KK Carton v. Realty Income, Corporation
1:17-cv-00082-KK-KBM Carton v. Brunetto et al
1:17-cv-00083-LF-WPL Carton v. Southwest Capital Projects, LLC
1:17-cv-00084-SCY-KBM Carton v. Westland Properties, LLC
1:17-cv-00085-GJF-KBM Carton v. Zia Trust, Inc.
1:17-cv-00151-KK-WPL Carton v. 5220 Eubank, LLC
1:17-cv-00153-WPL-KK Carton v. B+H Investments, LLC
1:17-cv-00154-GBW-KK Carton v. Fair Plaza, Inc
1:17-cv-00156-SCY-LF Carton v. Hayman Nurseries, LLC
1:17-cv-00158-KBM-SCY Carton v. Holiday Bowl, Inc.
1:17-cv-00159-SMV-LF Carton v. Kawips New Mexico, LLC
1:17-cv-00160-GJF-LF Carton v. LNU, et al
1:17-cv-00161-LF-KBM Carton v. M & E New Mexico Property, LLC
1:17-cv-00162-WPL-LF Carton v. Monarch Land, LLC
1:17-cv-00163-KK-WPL Carton v. Montgomery-Juan Tabo Properties, LLC
1:17-cv-00164-SCY-WPL Carton v. New Mexico Bank & Trust
1:17-cv-00165-WPL-LF Carton v. Pacific Bistro Partnership
1:17-cv-00166-KBM-KK Carton v. Pizza Hut of America LLC
1:17-cv-00167-SCY-LF Carton v. Jaramillo, et al
1:17-cv-00168-SCY-KBM Carton v. Garcia, et al.
1:17-cv-00169-KBM-SCY Carton v. Smith's Food and Drug Centers, Inc.
1:17-cv-00170-KBM-KK Carton v. Starlight Investments, LLC
1:17-cv-00171-KK-SCY Carton v. LNU, et al.
1:17-cv-00172-LF-SCY Carton v. McCollum, et al.
1:17-cv-00173-LF-SCY Carton v. Three J's, Limited Partnership
1:17-cv-00174-KK-KBM Carton v. Tulsi Group, LLC
1:17-cv-00175-KK-SCY Carton v. LNU, et al.
Joinder of Cases for Limited Purpose
Attorney Sharon Pomeranz has filed 60 cases on behalf of Plaintiff Alyssa Carton against different defendants alleging violations of the Americans with Disabilities Act (ADA). With the exception of paragraph 31 of each complaint (which identifies the specific alleged violations at a defendant's premises), the complaints are identical. In each case, Plaintiff Carton seeks leave to proceed in forma pauperis (IFP).
Rule 42 of the Federal Rules of Civil Procedure provides that "[i]f actions before the court involve a common issue of law or fact," the court may "join for hearing and trial any or all matters at issue in the actions." Fed. R. Civ. P. 42(a)(1). To promote efficiency and economy and to avoid conflicting decisions, I have concluded that these cases, listed above, should be joined for the sole purpose of addressing the IFP motions.
A magistrate judge has authority only to grant an IFP motion. As this District's Chief Judge, I will therefore join the above cases before me for the sole purpose of addressing the IFP motions. The currently assigned magistrate judges will thereafter conduct further proceedings in each case, either as the presiding trial judge with consent of the parties or as the pretrial magistrate judge.
Fees
Plaintiff is obligated to pay the fee for instituting each of the civil actions listed above, including those cases where the Court is allowing Plaintiff to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Section 1915(a) does not permit litigants to avoid payment of fees; only prepayment of fees may be excused. See Brown v. Eppler, 725 F.3d 1221, 1331 (10th Cir. 2013) ("all § 1915(a) does for any litigant is excuse the pre-payment of fees"). The fee for instituting any civil action, suit or proceeding in this Court is $400.00, which is comprised of the $350.00 filing fee, see 28 U.S.C. 1914(a), and a $50.00 administrative fee. Plaintiff is therefore obligated to pay the Court $24,000.00 in fees for instituting the 60 cases listed above.
Applications to Proceed In Forma Pauperis
The IFP Motions Plaintiff has filed in these cases are essentially identical and show: (i) her total monthly income is $2,500.00; (ii) her total monthly expenses are $2,295.00; (iii) she has $1,900.00 in cash; (iv) she has $1,900.00 in a checking account; and (v) she is unemployed.
Each IFP Motion shows her sources of income are $2,500.00 from employment, $600.00 from Disability, and $1,900.00 from SSDI Veterans Funds, for a total of $5,000.00. Plaintiff indicates that her total monthly income is $2,500.00. It appears that the $2,500.00 amount she listed as coming from "Employment" is a typographical error because Plaintiff indicates that she has no employer and is unable to work. If the $2,500.00 employment amount is not a typographical error, Plaintiff shall, within 21 days of entry of this Order, file a notice indicating so.
Proceedings in forma pauperis
The statute for proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that the Court may authorize the commencement of any suit without prepayment of fees by a person who submits an affidavit that includes a statement of all assets the person possesses and that the person is unable to pay such fees.
The Court will deny Plaintiff's IFP Motion in Carton v. Carroll Ventures, Inc., No. 17cv0037 KK/SCY. Plaintiff's IFP Motion indicates that she has $1,900.00 in cash, $1,900.00 in a checking account, and that her monthly income exceeds her monthly expenses by $205.00. Plaintiff shall have 21 days from entry of this Order to pay the $400.00 fee for instituting Carton v. Carroll Ventures, Inc., No. 17cv0037 KK/SCY or show cause why this case should not be dismissed without prejudice for failure to pay the filing fee.
The Court will grant Plaintiff's IFP Motions in all the cases listed on the first three pages of this Order, except for the IFP Motion in Carton v. Carroll Ventures, Inc., No. 17cv0037 KK/SCY. The Court finds that Plaintiff is unable to pay the entire $15,200.00 in fees for instituting the 60 cases at this time. The Court also finds that Plaintiff is able to make partial payments towards those fees because her monthly income exceeds her monthly expenses, which include $100.00 for recreation and entertainment, by $205.00.
Plaintiff shall, beginning one month after entry of this Order, make monthly payments in the amount of $50.001 to the Court. The check shall be made payable to "United States District Court" and shall cite the following reference number: Ref#2017PP-Carton on the check itself. Plaintiff shall mail the check to:
USDC-DNM, Clerk of the Court
333 Lomas Blvd. NW, Suite 270
Albuquerque, NM 87102
Plaintiff shall include a copy of this Order with the check. Failure to timely submit the check with a copy of this Order may result in dismissal of one or more cases filed by Plaintiff.
Plaintiff shall also, beginning two months after entry of this Order and every two months afterward, file in this case an affidavit stating the amount of any additional income she received during the previous two months above the $2,500.00 monthly income that she reported in her IFP Motions. She shall also pay half of that additional income, rounded to the nearest $50.00, to the Court in the manner described in the preceding paragraph.
Service on Defendants
Section 1915 provides that the "officers of the court shall issue and serve all process, and perform all duties in [proceedings in forma pauperis]"). 28 U.S.C. § 1915(d). Rule 4 provides that:
At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.
Fed. R. Civ. P. 4(c)(3).
The Court will not order service at this time. The Complaints provide the addresses of the Places of Public Accommodation owned and/or operated by Defendants, but do not provide Defendants' addresses which are necessary for service. Plaintiff shall file in each case a notice which provides the service address for each Defendant in that case.2
IT IS ORDERED that:
(i) The cases listed on the first three pages of this Order are joined for the sole purpose of addressing the IFP motions.
(ii) Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. 2, filed January 13, 2017, in Carton v. Carroll Ventures, Inc., No. 17cv0037 KK/SCY, is DENIED. Plaintiff shall have 21 days from entry of this Order to pay the $400.00 fee for instituting a new case or show cause why this case should not be dismissed without prejudice for failure to pay the filing fee.
(iii) Plaintiff's Applications to Proceed in District Court Without Prepaying Fees or Costs in all the cases listed on the first three pages of this Order, except for the Application in Carton v. Carroll Ventures, Inc., No. 17cv0037 KK/SCY, are GRANTED.
(iv) Plaintiff shall, beginning one month after entry of this Order, make monthly payments of $50.00 to the Court in the manner described above.
(v) Plaintiff shall also, beginning two months after entry of this Order and every two months afterward, file in this case an affidavit stating the amount of any additional income she received during the previous two months above the $2,500.00 monthly income that she reported in her IFP Motions. She shall also pay half of that additional income, rounded to the nearest $50.00, to the Court in the manner described above.
(vi) Plaintiff shall file in each case a notice which provides the service address for each Defendant in that case. The Court will not order service on Defendants until Plaintiff provides service addresses for Defendants.
(vii) The Clerk of the Court shall file this Order in each of the cases listed on the first three pages of this Order.
