Stringer v. St. Martin’s Press

Background

Vickie M. Stringer, who is proceeding without a lawyer, asserts state-law claims against St. Martin’s Press, LLC under the court’s diversity subject-matter jurisdiction. She alleges that St. Martin’s Press has its principal place of business in New York, New York. Stringer seeks at least $350,000 in compensatory damages for allegedly unpaid agent commissions, prejudgment and postjudgment interest, an accounting of revenue from brokered works, direct payment of future agent commissions, and an order concerning allegedly false or misleading royalty statements.

The court previously granted Stringer permission to proceed without prepaying filing fees. The opinion also notes that Stringer’s claims against Macmillan Publishers, LLC, another defendant named in the complaint, were dismissed without prejudice at Stringer’s request in an earlier order. This order concerns service on St. Martin’s Press.

Ruling

The court directed the Clerk of Court to issue a summons for St. Martin’s Press, complete a United States Marshals Service receipt-and-return form with the defendant’s service address, and provide the Marshals Service with the documents needed to serve the summons and complaint. Because Stringer is proceeding without prepaying fees, the court stated that the Marshals Service will assist with service.

The complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Stringer should request an extension of time. The court also directed that an information package be mailed to Stringer and stated that she must notify the court in writing if her address changes. The order does not resolve the merits of Stringer’s claims or St. Martin’s Press’s potential defenses.