Buxbaum v. TD Bank

Background

Michael Buxbaum, who was representing himself, sued TD Bank, N.A. He alleged that TD Bank did not carry out a wire transfer on December 18, 2024.

Reason for Dismissal

The court dismissed the complaint without prejudice, meaning the dismissal did not bar the matter from being pursued in the related pending case. The court found that Buxbaum had previously filed a substantially similar complaint against TD Bank. That earlier case was pending under docket number 24-CV-09832 (KPF) before another judge of the same court. In that case, Buxbaum alleged that TD Bank refused to activate his debit card and sought to remove restrictions on his accounts. The court stated that the two cases involved the same defendant and were arguably related, so there was no useful purpose in litigating this duplicate lawsuit.

The court also noted a third lawsuit against TD Bank, docket number 25-CV-0224, involving allegations about a cashier’s check deposited into Buxbaum’s account and further instructions that TD Bank allegedly did not follow. The court stated that, to the extent claims in this action or the third lawsuit expanded on the claims in the pending earlier case, Buxbaum could amend the earlier complaint if the federal procedural rules allowed it.

Ruling

The court dismissed Buxbaum’s complaint without prejudice as duplicative of the complaint pending under docket number 24-CV-09832 (KPF). It certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to enter judgment in this case.