Stringer v. Kensington Publishing Corp.

Background

Vickie M. Stringer, proceeding without counsel, brought copyright-infringement claims against Kensington Publishing Corp. The court had previously granted Stringer permission to proceed without prepaying court fees. That permission is commonly called proceeding in forma pauperis.

Service of the Lawsuit

Because Stringer was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve Kensington. The court explained that the Clerk of Court must issue a summons and provide the Marshals Service with the paperwork needed to serve the defendant.

The court extended the usual service period. Instead of measuring the 90-day period from the filing of the complaint, the period will run for 90 days after the summons is issued. If the complaint is not served within that period, Stringer should request an extension of time. The order also states that Stringer must notify the court in writing if her address changes and that the court may dismiss the action if she fails to do so.

Court’s Order

Judge Jesse M. Furman directed the Clerk of Court to issue a summons for Kensington Publishing Corp., complete the U.S. Marshals Service process form with Kensington’s address, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail Stringer a copy of the order and an information package.

This order concerns service of the lawsuit and related procedures. It does not decide the merits of Stringer’s copyright-infringement claims.