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