BMCOA, LLC v. Hivebrite
- Laura Swain
- 1:25-cv-04794
- U.S. District Court · Southern District of New York
- 1
In BMCOA v. Hivebrite, Judge Swain dismissed the complaint without prejudice because BMCOA neither paid filing fees nor submitted an IFP application.
BMCOA, LLC's complaint was dismissed without prejudice; the opinion does not describe any merits ruling against either party.
What happened
BMCOA, LLC sued Hivebrite (Kit United SAS), but the court had ordered BMCOA to either pay the required $405 filing fee or submit an application to proceed without paying it. BMCOA did neither within the required thirty days.
The court dismissed the complaint without prejudice. It also directed the Clerk of Court to enter judgment. The opinion does not explain the claims in the complaint.
Chief Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied BMCOA permission to appeal without paying the filing fee.
The detailed version
- BMCOA, LLC v. Hivebrite · No. 1:25-cv-04794
- Laura Swain
- Aug. 11, 2025
Background
The court had previously ordered BMCOA, LLC, within thirty days, to either submit a completed application to proceed without paying filing fees or pay the $405 fee required to file a civil action. The order warned that failing to comply would result in dismissal.
BMCOA did not submit the application and did not pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
Appeal-Filing Status
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied BMCOA permission to appeal without paying the appellate filing fee.
Classification
This is a procedural order because the court dismissed the case for failure to comply with filing-fee or fee-waiver requirements and did not address the merits of BMCOA's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.