Buxbaum v. Intuit, Inc.
- Laura Swain
- 1:24-cv-10060
- U.S. District Court · Southern District of New York
- 2
Buxbaum v. Intuit: Judge Swain dismissed the duplicative action without prejudice and denied appeal fee-waiver status.
Michael Buxbaum’s action against Intuit, Inc. was dismissed without prejudice because the court found it duplicative of Buxbaum’s earlier pending action. The order also denied fee-waiver status for an appeal.
What happened
In Buxbaum v. Intuit, Inc., Michael Buxbaum, representing himself, brought an action against Intuit, Inc., relying on federal-question and diversity jurisdiction.
The court said Buxbaum had already filed a virtually identical complaint in another case that was still pending. Because this action raised the same claims, the court found no useful purpose in litigating both cases.
Judge Laura Taylor Swain dismissed this action without prejudice as duplicative. The court also denied fee-waiver status for any appeal after finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Buxbaum v. Intuit, Inc. · No. 1:24-cv-10060
- Laura Swain
- Jan. 7, 2025
Background
Michael Buxbaum, appearing without a lawyer, sued Intuit, Inc., invoking federal-question and diversity jurisdiction. He had previously filed another civil action in the same court. The court stated that the earlier complaint was virtually identical to the complaint in this action and that the earlier action remained pending. The opinion identifies that related case by docket number 1:24-CV-9895 (LTS).
Court’s Analysis
The court concluded that this action raised the same claims as the earlier pending action. Because the two actions were duplicative, the court found that litigating this action would serve no useful purpose.
Ruling
The court dismissed this action without prejudice as duplicative of the earlier pending action. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The court directed the clerk to enter judgment dismissing the action. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.