Genora Greene, et al. v. Rochester Villas Apartments, Inc., et al.

Summary

The United States District Court for the Eastern District of Michigan denied without prejudice Genora Greene’s application to proceed without prepaying fees and costs because the financial information provided was insufficient. The court also denied the motion to supplement the complaint, deemed the proposed supplemental pleading inoperative due to pleading and signature deficiencies, and invited the plaintiffs to file a complete amended complaint.

Holdings

1. The court denied the motion to supplement because the proposed supplemental complaint was not readily reconcilable with the original complaint and would not promote the efficient resolution of the action.
2. The proposed supplemental complaint was not operative because it was not properly signed by the parties it purported to represent, and the court would have been required to strike it even apart from the Rule 15 deficiencies.
3. The court denied Greene's application to proceed without prepaying fees and costs without prejudice because the application did not provide enough financial information to evaluate her alleged inability to pay.

Questions Presented

1. Whether the court should permit plaintiffs to supplement or amend the complaint under Federal Rule of Civil Procedure 15(d).
2. Whether the proposed supplemental complaint could operate as a pleading despite its unclear party changes and lack of proper signatures.
3. Whether Greene's application to proceed without prepaying fees and costs adequately demonstrated inability to pay.

Disposition

other