AGAA Realty LLC v. JP Morgan Chase
- Laura Swain
- 1:24-cv-09387
- U.S. District Court · Southern District of New York
- 2
In AGAA Realty LLC v. JP Morgan Chase, Judge Swain dismissed the complaint without prejudice after Michael Buxbaum failed to respond to a court order.
AGAA Realty LLC’s complaint was dismissed without prejudice; Michael Buxbaum was required to address his authority to proceed or obtain counsel, and any appeal would not receive permission to proceed without filing fees.
What happened
AGAA Realty LLC sued JP Morgan Chase Bank N.A., but Michael Buxbaum, who is not a party, signed the complaint on the company’s behalf. The court had ordered him to say whether he would proceed in his own name or obtain a lawyer for AGAA Realty LLC.
The order was returned as undeliverable, and Buxbaum did not update his address or otherwise contact the court. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a new filing.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court did not decide the underlying dispute with JP Morgan Chase Bank N.A.
The detailed version
- AGAA Realty LLC v. JP Morgan Chase · No. 1:24-cv-09387
- Laura Swain
- Jan. 22, 2025
Background
Michael Buxbaum, a non-party, signed the complaint purportedly brought by AGAA Realty LLC. In an order dated December 16, 2024, the court directed Buxbaum, within 30 days, either to notify the court that he intended to proceed in his own name or to obtain counsel to represent AGAA Realty LLC. The court warned that failure to comply would result in dismissal.
The court later received notice from the U.S. Postal Service that the December 16 order had been returned as undeliverable. Buxbaum had not updated his address or otherwise communicated with the court.
Ruling
The court dismissed the complaint without prejudice. The order does not decide the claims against JP Morgan Chase Bank N.A.; it dismisses the action because of the failure to comply with the court’s direction concerning how the case would proceed.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. In plain terms, the court denied permission to pursue an appeal without paying the required filing fees. 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.