Buxbaum v. Intuit, Inc.
- Laura Swain
- 1:24-cv-09895
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Intuit, Chief Judge Swain ordered payment of fees or an IFP application within 30 days.
Michael Buxbaum, the self-represented plaintiff, was required to pay the fees or submit an application within 30 days; Intuit, Inc. was not yet served because no summons issued.
What happened
Michael Buxbaum sued Intuit, Inc. without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Buxbaum, within 30 days, either to pay $405 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal, ruling that an appeal from this order would not be taken in good faith.
The detailed version
- Buxbaum v. Intuit, Inc. · No. 1:24-cv-09895
- Laura Swain
- Jan. 3, 2025
Background
Michael Buxbaum brought this action against Intuit, Inc. He filed the complaint without a lawyer and did not submit the required filing fees or an application to proceed without prepaying fees.
Order
The court explained that a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. § 1915.
The court ordered Buxbaum, within 30 days of the order, either to pay the $405 or submit the attached application, labeled with the case docket number. If the court grants the application, Buxbaum may proceed without prepaying the fees. No summons would issue at that time. If Buxbaum failed to comply within the allowed period, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.