Buxbaum v. Walt Disney Co.
- Analisa Torres
- 1:25-cv-02339
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Walt Disney Co., Judge Aaron said the plaintiff’s filings were premature because Disney had not been served.
Michael Buxbaum’s pending filings and service obligations were affected; Walt Disney Co. had not yet been served according to the order.
What happened
In Buxbaum v. Walt Disney Co., Michael Buxbaum filed affidavits, motion notices, and proposed emergency orders between April 2 and April 24, 2025. The court said these filings were premature because Walt Disney Co. had not yet been served with the lawsuit.
The court explained that Buxbaum was responsible for serving the summons and complaint within 90 days after filing. Because he filed the complaint on March 20, 2025, the service deadline was June 18, 2025.
Judge Stewart D. Aaron advised Buxbaum not to send further substantive correspondence unless the court specifically requested or permitted it. The order did not decide the underlying dispute.
The detailed version
- Buxbaum v. Walt Disney Co. · No. 1:25-cv-02339
- Analisa Torres
- Apr. 30, 2025
Background
Michael Buxbaum filed the complaint on March 20, 2025. Between April 2 and April 24, he filed various affidavits, notices of motion, and proposed emergency orders directing Walt Disney Co. to show cause.
Service of the Lawsuit
The court stated that all of Buxbaum’s filings were premature because Walt Disney Co. had not yet been served. Under Rule 4 of the Federal Rules of Civil Procedure, the plaintiff is responsible for having the summons and complaint served within the time allowed by the rule. The court explained that the applicable period was 90 days after the complaint was filed, making the current service deadline June 18, 2025.
Order
The court advised that, unless and until Walt Disney Co. was properly served, further substantive correspondence from Buxbaum was inappropriate unless specifically requested or permitted by the court. The order did not decide the merits of Buxbaum’s claims and did not state that any particular motion was granted or denied. The order was signed by Stewart D. Aaron, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.