BMCOA, LLC v. Hivebrite
- Laura Swain
- 1:25-cv-04794
- U.S. District Court · Southern District of New York
- 4
In BMCOA v. Hivebrite, Judge Swain ordered BMCOA to pay $405 or submit an application to proceed without prepaying fees within 30 days, or face dismissal without prejudice.
BMCOA, LLC must pay $405 or submit a completed and signed application to proceed without prepaying fees within 30 days. If it does neither and does not request an extension, the action will be dismissed without prejudice to refiling. No summons will issue and no answer will be required until the fee issue is resolved.
What happened
In BMCOA, LLC v. Hivebrite, BMCOA submitted this civil action by email. The court ordered BMCOA to address the required filing fees before the case could proceed; the order did not decide the underlying dispute.
Within 30 days, BMCOA must either pay $405 or submit a signed application requesting permission to proceed without prepaying fees. Until payment or a completed application is received, the court will take no further action, and no summons will issue or answer will be required.
Judge Laura Taylor Swain stated that failure to comply, or to request more time, will result in dismissal of the action without prejudice to refiling. She also denied permission to proceed without prepaying fees for an appeal from this order.
The detailed version
- BMCOA, LLC v. Hivebrite · No. 1:25-cv-04794
- Laura Swain
- June 17, 2025
Background
BMCOA, LLC submitted this civil action to the Southern District of New York by email. The court issued an order directing the plaintiff to pay the filing fees or apply to proceed without prepaying them. The order does not address the claims or the underlying dispute between the parties.
Requirements
The court stated that a plaintiff proceeding with a civil action must either pay $405 in fees or submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying the fees. The $405 consists of a $350 filing fee and a $55 administrative fee. BMCOA must complete one of these steps within 30 days of the order.
Until the fees are paid or a completed and signed IFP application is received, the court will take no further action. No summons will issue, and the defendant will not be required to answer. If BMCOA complies, the Clerk’s Office will process the case. If the court grants the IFP application, BMCOA may proceed without prepaying the fees.
Disposition
Judge Laura Taylor Swain ordered that, if BMCOA fails to comply within the allowed time and does not request an extension, the action will be dismissed without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not rule on the merits of the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.