Buxbaum v. Zillow, Inc.
- Laura Swain
- 1:24-cv-10054
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Zillow, Judge Swain ordered Buxbaum to pay filing fees or submit an IFP application within 30 days.
Michael Buxbaum must either pay $405 in fees or submit a signed IFP application within 30 days. Zillow, Inc. was not subject to issuance of a summons at this stage.
What happened
Michael Buxbaum filed a lawsuit against Zillow, Inc. without paying the required fees or submitting an application to proceed without paying fees upfront.
The court ordered Buxbaum, within 30 days, either to pay $405 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the court said the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith. The order did not decide the claims against Zillow.
The detailed version
- Buxbaum v. Zillow, Inc. · No. 1:24-cv-10054
- Laura Swain
- Jan. 6, 2025
Background
Michael Buxbaum filed this civil action against Zillow, Inc. He was representing himself. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying those fees.
Court’s Order
The court explained that filing a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed in forma pauperis (IFP), meaning without prepayment of fees.
The court gave Buxbaum 30 days from the date of the order to pay the $405 or submit the attached IFP application. If the court grants the application, Buxbaum may proceed without prepaying the fees. The court ordered that no summons issue at that time. It stated that, if Buxbaum does not comply within the allowed period, the action will be dismissed.
Appeal
The court certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain did not decide the merits of Buxbaum’s claims against Zillow.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.