Buxbaum v. Wilmington Savings Fund Society, FSB
- Laura Swain
- 1:25-cv-00690
- U.S. District Court · Southern District of New York
- 4
In Buxbaum v. Wilmington Savings, Judge Swain ordered Michael Buxbaum to pay $405 or submit an application to proceed without prepaying fees.
Michael Buxbaum must either pay $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The case will not proceed until he does so, and failure to comply may result in dismissal without prejudice to refiling. Wilmington Savings Fund Society, FSB is not required to answer or respond at this stage.
What happened
In Buxbaum v. Wilmington Savings Fund Society, FSB, the court directed Michael Buxbaum to pay $405 in fees or submit a completed and signed application to proceed without prepaying fees within 30 days.
The case will not move forward, and no summons or answer is required, until the payment or application is received. If Buxbaum does not comply or request more time, the action will be dismissed without prejudice to refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the underlying dispute.
The detailed version
- Buxbaum v. Wilmington Savings Fund Society, FSB · No. 1:25-cv-00690
- Laura Swain
- Jan. 28, 2025
Order
The court directed Michael Buxbaum, within 30 days, to either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The order states that the $405 consists of a $350 filing fee and a $55 administrative fee.
Effect on the Case
No further action will be taken, and no summons will issue or answer will be required, until the court receives the payment or application. If Buxbaum submits the application, the case will be processed under the Clerk’s Office procedures. If the court grants the application, Buxbaum may proceed without prepaying the fees. The court also stated that the case would proceed once any payment submitted before the order was processed.
If Buxbaum fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling.
Appeal
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
What the Order Did Not Decide
The order addressed the required payment or fee-waiver application and did not decide the underlying dispute between Buxbaum and Wilmington Savings Fund Society, FSB. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.