Buxbaum v. Bongiorno
- Laura Swain
- 1:25-cv-00223
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Bongiorno, Judge Swain ordered Michael Buxbaum to pay $405 or submit a signed fee application within 30 days.
Michael Buxbaum and the civil action against Michael Bongiorno; the case cannot proceed until the required payment or a completed and signed fee application is received.
What happened
Michael Buxbaum submitted this civil action against Michael Bongiorno by email, and the court assigned it a docket number. The court said a person starting a civil action must either pay the required fees or request permission to proceed without paying them first.
The court gave Buxbaum 30 days to pay $405 or complete, sign, and submit an application to proceed without prepaying the fees. Until one of those steps occurs, the court will take no further action, and no summons will issue or answer will be required.
Judge Laura Taylor Swain ordered that the action will be dismissed without prejudice to refiling if Buxbaum does not comply or request more time. She also denied permission to appeal without paying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Bongiorno · No. 1:25-cv-00223
- Laura Swain
- Jan. 21, 2025
Background
Michael Buxbaum submitted this civil action against Michael Bongiorno to the Southern District of New York by email. The court assigned the action docket number 25-CV-0223 (LTS).
Payment or fee-waiver application
The court explained that a plaintiff beginning a civil action must either pay the required fees or submit a signed application to proceed without prepaying them. The total stated fee was $405, consisting of a $350 filing fee and a $55 administrative fee. The order noted that the fee schedule could change.
The court gave Buxbaum 30 days from the date of the order to pay the fees or, if unable to pay, complete, sign, and submit the attached application. The order provided instructions for paying by mail or in person. It also stated that no further action would be taken, no summons would issue, and no answer would be required until payment was made or a completed and signed application was received. If the court grants the application, Buxbaum may proceed without prepaying the fees.
Ruling and consequences
Judge Laura Taylor Swain ordered Buxbaum to pay the fees or submit the application within the allowed period. If Buxbaum fails to comply or fails to request an extension of time, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.