Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER DIRECTING PLAINTIFFS TO PAY FILING FEE MICHAEL E. HEGARTY, Magistrate Judge. This matter comes before the Court sua sponte, due to Plaintiffs' failures to comply with this Court's April 15, 2013 and May 2, 2013 orders. On April 15, 2013, this Court ordered the Plaintiffs to re-file a motion for leave to proceed in forma pauperis signed by all Plaintiffs and containing affidavits from all Plaintiffs 1 on or before April 30, 2013; otherwise, they would be ordered to pay the filing
Summary: ORDER DIRECTING PLAINTIFFS TO PAY FILING FEE MICHAEL E. HEGARTY, Magistrate Judge. This matter comes before the Court sua sponte, due to Plaintiffs' failures to comply with this Court's April 15, 2013 and May 2, 2013 orders. On April 15, 2013, this Court ordered the Plaintiffs to re-file a motion for leave to proceed in forma pauperis signed by all Plaintiffs and containing affidavits from all Plaintiffs 1 on or before April 30, 2013; otherwise, they would be ordered to pay the filing ..
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ORDER DIRECTING PLAINTIFFS TO PAY FILING FEE
MICHAEL E. HEGARTY, Magistrate Judge.
This matter comes before the Court sua sponte, due to Plaintiffs' failures to comply with this Court's April 15, 2013 and May 2, 2013 orders. On April 15, 2013, this Court ordered the Plaintiffs to re-file a motion for leave to proceed in forma pauperis signed by all Plaintiffs and containing affidavits from all Plaintiffs1 on or before April 30, 2013; otherwise, they would be ordered to pay the filing fee of $350 in this case or provide evidence that they had already done so. Rather than re-file the motion as ordered, Plaintiffs filed a motion on April 30, 2013 signed by 29 of the 34 Plaintiffs seeking leave to proceed in forma pauperis and to dismiss the remaining five named Plaintiffs; however, none of the five Plaintiffs signed the motion in accordance with Fed. R. Civ. P. 41. Thus, the Court found that the Plaintiffs failed to comply with the April 15, 2013 order, and granted a further extension of time to May 16, 2013 within which the Plaintiffs were to file a proper motion for leave to proceed in forma pauperis and, to the extent they wished to dismiss any plaintiffs, to comply with the applicable rules. The Court further ordered that if Plaintiffs failed to file a proper motion by the deadline, they would be ordered to pay the filing fee of $350 in this case or provide evidence that they had already done so. The record reflects that the Plaintiffs have filed no motions since the May 2, 2013 order.
THEREFORE, the Plaintiffs shall pay the $350 filing fee or provide evidence they have already done so on or before June 21, 2013. The Plaintiffs shall file a copy of a receipt demonstrating payment before the deadline. If the Plaintiffs fail to comply with this order, the Court may recommend dismissal of the case as a sanction for Plaintiffs' refusal to comply with court orders and to prosecute this action in accordance with all applicable rules.
FootNotes
1. Plaintiffs Daniel Ortiz, William Cristo Santos, Jessica Iturbe Jaime, Avarao Nunez and Nora Gonzalez failed to submit affidavits with the original motion.