In May 2025, Sharisse Filus deposited a $3.6 million tax refund check from the U.S. Treasury into a Fidelity Investments account owned by the SJF Living Revocable Trust. Fidelity froze the account after receiving a letter from the IRS stating the refund was issued in error and requesting the return of funds. Filus, proceeding pro se, filed a civil action against Fidelity seeking $120 million in damages. The District Court partially granted Fidelity's motion to dismiss and denied Filus's motions to strike the defendant's answer and impose sanctions. When the District Court raised the issue of Filus's authority to proceed pro se on behalf of the trust and ordered her to produce trust documents, Filus failed to comply, leading to a stay to permit her to obtain counsel. Filus then petitioned the Third Circuit for a writ of mandamus to vacate adverse rulings, obtain final judgment in her favor, and recuse the District Court judge.
The court began by defining the writ of mandamus as a drastic remedy available only in extraordinary circumstances where the petitioner has no other adequate means to obtain relief and has a clear and indisputable right to the writ. The court found that Filus failed to make this showing. First, the court addressed Filus's attempt to represent the trust. Citing established precedent, the court noted that artificial entities such as corporations and trusts may appear in federal courts only through licensed counsel. Because Filus is not an attorney, she has no right to represent the trust, and the petition was dismissed to the extent it sought to vindicate the trust's interests. Second, regarding Filus's personal claims, the court held that mandamus cannot be used as a substitute for an appeal. Filus had not shown that she had a clear and indisputable right to the relief she sought, particularly regarding her ability to represent the trust. Third, the court addressed Filus's request to recuse the District Court judge. The court found that Filus's assertions of bias were largely a disagreement with procedural rulings. The court emphasized that displeasure with legal rulings does not form an adequate basis for recusal and that the District Court's admonishments did not display the deep-seated favoritism or antagonism required to make fair judgment impossible.
The petition for a writ of mandamus is denied as to Filus's personal claims and dismissed as to her claims on behalf of the trust. The underlying civil action in the District Court remains subject to the procedural rulings made there, including the partial dismissal of Filus's complaint and the stay to allow her to obtain counsel. Filus must proceed through licensed counsel if she wishes to represent the trust's interests. The decision reinforces the strict limitations on using mandamus to challenge interlocutory orders and the prohibition on non-lawyers representing trusts in federal court.
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