Buxbaum v. Intuit, Inc.
- Laura Swain
- 1:24-cv-09895
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Intuit, Judge Swain dismissed the complaint without prejudice after Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum’s complaint against Intuit, Inc. was dismissed without prejudice because he did not submit an IFP application or pay the required filing fee.
What happened
In Buxbaum v. Intuit, Inc., the court ordered Michael Buxbaum to either submit a completed application to proceed without paying filing fees or pay the $405 required to file a civil case. He was given thirty days to do so.
Buxbaum did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to proceed without paying fees on appeal, 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-09895
- Laura Swain
- Feb. 4, 2025
Background
On January 3, 2025, the Court directed Plaintiff Michael Buxbaum to submit a completed application to proceed without paying filing fees, commonly called an IFP application, or pay the $405 filing fee required for a civil action. The Court warned that failure to comply within thirty days would result in dismissal of the complaint.
Buxbaum did not submit an IFP application or pay the filing fee.
Ruling
The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The Court also certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. The Court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.