Cohen v. Trump

Filing 335

ORDER of USCA as to 332 Notice of Appeal to 9th Circuit, filed by Leeland O. White. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with the USCA to proceed in forma pauperis; (2) pay $505 to the USDC as the docketing and filing fees for this appeal and provide proof of payment to the USCA; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. Any motion to proceed in forma pauperis must include a financial declaration such as the attached Form 4. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. (akr)

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19741 Page 1 of 9

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

FILED
AUG 01 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

SONNY LOW; et al.,
Plaintiffs - Appellees,
v.
TRUMP UNIVERSITY, LLC, a
New York limited liability company,
AKA Trump Entrepreneur Initiative
and DONALD J. TRUMP,

No. 17-56051
D.C. Nos. 3:10-cv-00940-GPC-WVG,
3:13-cv-02519-GPC-WVG
U.S. District Court for Southern
California, San Diego
ORDER

Defendants - Appellees,
v.
LEELAND O. WHITE, Proposed
Intervenor,
Movant - Appellant.

A review of the docket reflects that appellant has not paid the docketing and
filing fees for this appeal. Within 21 days from the date of this order, appellant
shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $505 to
the district court as the docketing and filing fees for this appeal and provide proof
of payment to this court; or (3) otherwise show cause why the appeal should not be
dismissed for failure to prosecute. The filing of a motion to proceed in forma
pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19742 Page 2 of 9

11. Any motion to proceed in forma pauperis must include a financial declaration
such as the attached Form 4.
If appellant fails to comply with this order, this appeal will be dismissed
automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.
FOR THE COURT:
MOLLY C. DWYER
CLERK OF COURT
By: Cyntharee K. Powells
Deputy Clerk
Ninth Circuit Rule 27-7

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19743 Page 3 of 9
Form 4.
Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
This form is available as a fillable version at:
http://cdn.ca9.uscourts.gov/datastore/uploads/forms/Form4-IFP-Affidavit.pdf .

Instructions: Complete all questions in this application and then sign it. Do not leave any
blanks: if the answer to a question is "0," "none," or "not applicable (N/A)," write in that
response. If you need more space to answer a question, attach a separate sheet of paper identified
with your name, your case's docket number, and the question number.

Case No.
Appellant(s) or Petitioner(s)
v.
Appellee(s) or Respondent(s)

Affidavit in Support of Motion
I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the
docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or
affirm under penalty of perjury under United States laws that my answers on this form are true
and correct. 28 U.S.C. sec. 1746; 18 U.S.C. sec. 1621.
Date:

Signed:

My issues on appeal are:

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Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19744 Page 4 of 9
1.

For both you and your spouse estimate the average amount of money received from each of the
following sources during the past 12 months. (Adjust any amount that was received weekly, biweekly,
quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts
before any deductions for taxes or otherwise.)

Average monthly amount during
the past 12 months
Income Source

You

Amount expected next month

Spouse

You

Spouse

Employment

$

$

$

$

Self-Employment

$

$

$

$

Income from real property
(such as rental income)

$

$

$

$

Interest and Dividends

$

$

$

$

Gifts

$

$

$

$

Alimony

$

$

$

$

Child Support

$

$

$

$

Retirement (such as social security,
$
pensions, annuities, insurance)

$

$

$

Disability (such as social security,
insurance payments)

$

$

$

$

Unemployment Payments

$

$

$

$

Public-Assistance (such as welfare) $

$

$

$

Other (specify)

$

$

$

$

TOTAL MONTHLY INCOME:

$

$

$

$

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Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19745 Page 5 of 9
2.

List your employment history for the past two years, most recent employer first.
(Gross monthly pay is before taxes or other deductions.)

Employer

Dates of
Employment

Address

Gross Monthly
Pay

From
$

To
From

$
To
From
$

To
From

$

To

3.

List your spouse's employment history for the past two years, most recent employer first.
(Gross monthly pay is before taxes or other deductions.)

Employer

Dates of
Employment

Address

Gross Monthly
Pay

From
To

$

From
$
To
From
To

$

From
To

-3-

$

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19746 Page 6 of 9
4.

How much cash do you and your spouse have?

$

Below, state any money you or your spouse have in bank accounts or in any other financial institution.
Financial Institution

Type of Account

Amount You Have

Amount Your Spouse
Has

$

$

$

$

$

$

$

$

If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a
statement certified by the appropriate institutional officer showing all receipts, expenditures, and
balances during the last six months in your institutional accounts. If you have multiple accounts,
perhaps because you have been in multiple institutions, attach one certified statement of each account .

5.

List the assets, and their values, which you own or your spouse owns. (Do not list clothing and ordinary
household furnishing.)

Home

Value
$

Other Real Estate

Value
$

Motor Vehicle: Make & Year

Model

Registration #

Value
$
$

Assets continued on next page

-4-

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19747 Page 7 of 9
Value

Other Assets
$
$
$

6.

State every person, business, or organization owing you or your spouse money, and the amount owed.
Person owing you or your spouse

Amount owed to you

Amount owed to your spouse

$
$

$

$

7.

$

$

State the persons who rely on you or your spouse for support. (If a dependent is a minor, list only
the initials and not the full name.)

Name

Relationship

-5-

Age

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19748 Page 8 of 9
8.

Estimate the average monthly expenses of you and your family. Show separately the amounts paid by
your spouse. (Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually
to show the monthly rate.)
You

Spouse

Rent or home-mortgage payment (include lot rented for mobile home)
- Are real estate taxes included?
Yes
No
- Is property insurance included?
Yes
No

$

$

Utilities (electricity, heating fuel, water, sewer, and telephone)

$

$

Home maintenance (repairs and upkeep)

$

$

Food

$

$

Clothing

$

$

Laundry and dry-cleaning

$

$

Medical and dental expenses

$

$

Transportation (not including motor vehicle payments)

$

$

Recreation, entertainment, newspapers, magazines, etc.

$

$

- Homeowner's or renter's......................................................................................................... $

$

- Life.......................................................................................................................................... $

$

- Health...................................................................................................................................... $

$

- Motor Vehicle......................................................................................................................... $

$

- Other:

$

$

$

$

- Motor Vehicle......................................................................................................................... $

$

$

$

$

$

- Motor Vehicle......................................................................................................................... $

$

Insurance (not deducted from wages or included in mortgage payments)

Taxes (not deducted from wages or included in mortgage payments)
Specify:
Installment payments

- Credit Card

(Name):

- Department Store

(Name):

-6-

Case 3:13-cv-02519-GPC-WVG Document 335 Filed 08/01/17 PageID.19749 Page 9 of 9
Alimony, maintenance, and support paid to others

$

$

Regular expenses for the operation of business, profession, or farm
(attach detailed statement)

$

$

Other (specify)

$

$

Total Monthly Expenses: $

$

9.

Do you expect any major changes to your monthly income or expenses or in your assets or liabilities
during the next 12 months?
Yes

No

If yes, describe on an attached sheet.
10.

Have you spent--or will you be spending--any money for expenses or attorney fees in connection with
this lawsuit?
Yes

No

If yes, how much? $
11.

Provide any other information that will help explain why you cannot pay the docket fees for your
appeal.

12.

State the city and state of your legal residence.
State

City
Your daytime phone number (ex., 4153558000):
Your age:

Your years of schooling:

Last four digits of your Social Security Number (ex.,6789):

-7-