Partridge v. Black Rock LLC

Background

Nicholas Partridge, appearing without a lawyer, filed the action under the court’s federal-question jurisdiction. He sued Black Rock LLC; Larry Fink; Robert S. Kapito; and Philipp Hildebrand. Partridge alleged violations of the federal Copyright Act and may also have intended to assert state-law breach-of-contract claims.

Partridge alleged that events connected to a New York State court case led to Black Rock’s involvement with Authentic Brands Group LLC. He further alleged that Black Rock’s website had changed to resemble his company, Cash Harbor LLC, including its color scheme, teachings, and use of the word “Cash.” He sought $1 million and “50% of Ownership and Earnings of Black Rock website all over the world.”

Partridge attached a “Certificate of Registration” from copyrighted.com stating that Cash Harbor had registered a copyright for its brand name and logo. He also attached other documents that the court described as illegible but that appeared to concern Cash Harbor LLC.

Court’s analysis

Because Partridge had been allowed to proceed without paying filing fees in advance, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of an action that is frivolous, malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court also considered whether it had subject-matter jurisdiction, meaning legal authority to hear the claims.

Copyright claims

To plead copyright infringement, a plaintiff must identify the specific original works, allege ownership of the copyrights, allege registration or preregistration as required by law, and identify the acts and timing of the alleged infringement.

The attached registration appeared to show that Cash Harbor LLC, rather than Partridge individually, owned the relevant works. A limited liability company cannot represent itself in federal court without a licensed lawyer. The court therefore held that Partridge could not bring claims on Cash Harbor’s behalf while representing himself. The court also held that Partridge had not alleged facts showing that he personally registered and owned the copyrights.

The court dismissed Partridge’s Copyright Act claims for failure to state a claim. It stated that claims brought by Cash Harbor LLC were dismissed without prejudice to Cash Harbor bringing them through counsel. The court allowed Partridge to amend by alleging facts showing that he personally owns the copyright, or, if Cash Harbor owns it, by retaining counsel to represent Cash Harbor.

Federal contract and criminal-law provisions

Partridge cited 41 U.S.C. §§ 6301 and 6703, which concern contracts entered into by the federal government. Because he alleged no facts involving a federal-government contract, the court found those provisions inapplicable and dismissed any claims under them for failure to state a claim.

Partridge also invoked Chapter 23 of Title 18, which concerns federal criminal liability relating to federal contracts. The court found no allegations involving a federal contract and explained that a private person cannot initiate a federal criminal prosecution. The court dismissed any claims under those provisions for failure to state a claim.

State-law claims and amendment

The court said it was unclear whether Partridge intended to assert state-law claims on his own behalf. After dismissing the federal claims, the court declined to exercise supplemental jurisdiction—the court’s authority to hear related state-law claims—in accordance with 28 U.S.C. § 1367(c)(3). The court also noted that copyright law may preempt some state-law claims and that the complaint did not establish diversity jurisdiction.

Because Partridge was representing himself and the court believed amendment might cure the defects, it granted him 30 days to file an amended complaint. If he did not do so, the court stated that the Clerk would be directed to enter judgment.

Disposition

The court dismissed the complaint, filed without advance payment of fees, for failure to state a claim. Claims brought on behalf of Cash Harbor LLC were dismissed without prejudice to Cash Harbor bringing them through counsel. Partridge received 30 days’ leave to amend his own claims or retain counsel for Cash Harbor. The court declined to exercise supplemental jurisdiction over any state-law claims. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was directed to keep the matter open until a civil judgment was entered.