Buxbaum v. Zillow Inc.
- Laura Swain
- 1:24-cv-10077
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Zillow Inc., Judge Swain dismissed the action without prejudice after Buxbaum neither paid filing fees nor submitted an application to proceed without paying them.
Michael Buxbaum’s action against Zillow Inc. was dismissed without prejudice because he neither paid the required filing fees nor submitted an application to proceed without paying them. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Buxbaum v. Zillow Inc., Michael Buxbaum brought a civil action against Zillow Inc. The opinion does not describe the underlying dispute.
The court had ordered Buxbaum to submit a completed application to proceed without paying filing fees or pay the required $405.00 within 30 days. He did neither.
Judge Laura Taylor Swain dismissed the action without prejudice and directed the clerk to enter judgment. The court also found that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Buxbaum v. Zillow Inc. · No. 1:24-cv-10077
- Laura Swain
- Feb. 21, 2025
Background
Michael Buxbaum filed this action against Zillow Inc. The opinion does not describe the claims or the underlying dispute.
Filing Requirements
On January 15, 2025, the Court ordered Buxbaum to either submit a completed application to proceed without paying filing fees or pay the $405.00 required to file a civil action in the court. The order warned that failing to comply would result in dismissal.
Buxbaum did not submit the application or pay the fees.
Ruling
The Court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. It directed the Clerk of Court to enter judgment dismissing the action for that reason. This ruling addressed the filing requirements and did not discuss the merits of the underlying dispute.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.