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Ryan Abair v. Saks Fifth Avenue Retail Company
5:25-cv-00469
C.D. Cal.
May 1, 2025
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Background

  • Ryan Abair filed a civil case against Saks Fifth Avenue Retail Company in the Central District of California.
  • Abair sought to proceed in forma pauperis (IFP), asking to waive court filing fees due to financial inability, but the request was incomplete.
  • The court specifically requested a fully completed CV-60 form and a one-page explanation of how Abair paid for daily expenses despite alleged lack of income or resources.
  • The court warned Abair that failure to comply with these instructions or pay the filing fee within 30 days would result in dismissal without prejudice.
  • Instead of complying, Abair filed a variety of unrelated documents but did not clarify the financial discrepancy or submit the required forms.
  • As a result, the court dismissed the case without prejudice for failure to comply and for not establishing IFP status or paying the filing fee.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Failure to submit a complete IFP request Abair is entitled to proceed IFP No argument (not present) Request incomplete; IFP not granted
Explanation of financial resources Non-specific general explanations No argument (not present) No sufficient explanation; request denied
Failure to comply with court order Filed multiple unrelated documents No argument (not present) Did not comply; case dismissed
Payment of filing fee Did not pay fee No argument (not present) Fee not paid; case dismissed

Key Cases Cited

  • Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995) (dismissal appropriate when party fails to comply with court orders or prosecute)
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Case Details

Case Name: Ryan Abair v. Saks Fifth Avenue Retail Company
Court Name: District Court, C.D. California
Date Published: May 1, 2025
Citation: 5:25-cv-00469
Docket Number: 5:25-cv-00469
Court Abbreviation: C.D. Cal.