Buxbaum v. Schroeder
- Laura Swain
- 1:25-cv-00530
- U.S. District Court · Southern District of New York
- 4
Buxbaum v. Schroeder: Judge Swain ordered Michael Buxbaum to pay the fees or submit an application to proceed without prepaying them within 30 days.
Michael Buxbaum must, within 30 days, either pay $405 in fees or submit a signed application to proceed without prepaying them. If he does neither and does not seek an extension, the action will be dismissed without prejudice to refiling. The opinion does not state whether either party has counsel.
What happened
In Buxbaum v. Schroeder, Michael Buxbaum submitted a civil case to the Southern District of New York by email. The court assigned the case a docket number but did not yet address the underlying dispute.
The court ordered Buxbaum, within 30 days, either to pay $405 in fees or submit a signed application showing that he cannot afford them. Until one of those steps occurs, the court will take no further action, and no summons or answer is required.
Judge Laura Taylor Swain ordered that the case will be processed if Buxbaum complies. If he does not comply or request more time, the action will be dismissed without prejudice to refiling. The court also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Buxbaum v. Schroeder · No. 1:25-cv-00530
- Laura Swain
- Jan. 24, 2025
Background
Michael Buxbaum submitted this civil action to the court by email. The opinion does not describe the underlying claims or the dispute between Buxbaum and Mark J.F. Schroeder.
Order to Pay Fees or Apply for IFP Status
To proceed with the action, Buxbaum must either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The order explains that the $405 consists of a $350 filing fee and a $55 administrative fee, while noting that the fee schedule may change.
Buxbaum had 30 days from the date of the order to comply. The order states that no further action will be taken, and that no summons will issue and no answer will be required, until the fees are paid or a completed and signed application is received. If the application is granted, Buxbaum may proceed without paying the fees in advance.
Disposition
If Buxbaum fails to comply or seek an extension of time, the action will be dismissed without prejudice to refiling. The court also certified 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. Judge Laura Taylor Swain signed the order.
Classification
This is a procedural order concerning payment of filing fees and an application to proceed without prepaying them. It does not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.