Buxbaum v. JP Morgan Chase & Co.
- Laura Swain
- 1:24-cv-09785
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. JP Morgan Chase & Co., Judge Swain kept the case closed, ordered the fee payment returned, and denied fee-free appeal status.
Michael Buxbaum, whose late filing-fee payment was ordered returned and whose case remains closed; JP Morgan Chase & Co., the defendant in the closed action.
What happened
In Buxbaum v. JP Morgan Chase & Co., Michael Buxbaum did not pay the required filing fees or submit an application to proceed without paying them by the court’s deadline. The court then dismissed the case without prejudice, meaning it was not permanently barred from being brought again.
After the case had been closed, the court received Buxbaum’s fee payment. The court said that the late payment would not reopen the case and directed the Clerk of Court to return the payment. The case remains closed.
Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied Buxbaum permission to appeal without paying the required fees.
The detailed version
- Buxbaum v. JP Morgan Chase & Co. · No. 1:24-cv-09785
- Laura Swain
- May 20, 2025
Background
Michael Buxbaum appeared without a lawyer. In an order dated December 20, 2024, the Court directed him, within 30 days, either to pay the $405 filing fee or to submit an application to proceed without paying the fee. The Court warned that failing to comply would result in dismissal.
Buxbaum did not pay the fee or submit the application within the allowed period. The Court later dismissed the action without prejudice, and judgment was entered closing the case.
Late Payment
The Finance Department received Buxbaum’s payment on May 6, 2025, after the judgment had closed the action. The Court ruled that receiving the payment after closure would not cause the action to be reopened. It directed the Clerk of Court to return the payment to Buxbaum and stated that the action remains closed.
Appeal Filing Status and Disposition
Under 28 U.S.C. § 1915(a)(3), the Court certified that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required fees. Judge Laura Taylor Swain ordered that the action remain closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.