McGregor v. Broadcast Music Incorporated
- John Koeltl
- 1:21-cv-03616
- U.S. District Court · Southern District of New York
- 4
In McGregor v. Broadcast Music Incorporated, Judge Koeltl arranged service and gave Flava Roots Publishing 30 days to obtain counsel.
Kemar McGregor, Flava Roots Publishing, and Broadcast Music Incorporated. The order also directed the Clerk of Court and the U.S. Marshals Service to take steps concerning service on BMI.
What happened
In McGregor v. Broadcast Music Incorporated, Kemar McGregor, representing himself, alleged that Broadcast Music Incorporated infringed his musical compositions under the Copyright Act. The order addressed service of the lawsuit and representation of Flava Roots Publishing; it did not decide whether infringement occurred.
Because McGregor was allowed to proceed without paying filing fees, the court directed the Clerk of Court and the U.S. Marshals Service to issue and serve the summons and complaint on Broadcast Music Incorporated. The court extended the service deadline to 90 days after the summons is issued and said McGregor must notify the court if his address changes.
Judge Koeltl ruled that McGregor could represent himself but could not represent Flava Roots Publishing. The court granted 30 days for Flava Roots Publishing to obtain a lawyer and stated that its claims may be dismissed if it does not do so; the case would then proceed with McGregor as the sole plaintiff.
The detailed version
- McGregor v. Broadcast Music Incorporated · No. 1:21-cv-03616
- John Koeltl
- June 15, 2021
Background
Kemar McGregor, proceeding without a lawyer, brought an action under the Copyright Act alleging that Broadcast Music Incorporated (BMI) infringed his musical compositions. The court had previously granted McGregor permission to proceed without prepaying filing fees.
Service on BMI
Because McGregor was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve BMI. Although the usual deadline for serving a summons and complaint is 90 days after filing, the court extended the deadline to 90 days after the summons is issued because McGregor could not serve the papers before the court reviewed the complaint and ordered the summons issued.
The court directed the Clerk of Court to issue the summons, complete a U.S. Marshals Service Process Receipt and Return form for BMI, and provide the Marshals Service with the documents needed for service. The order also stated that McGregor must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.
Flava Roots Publishing
The court ruled that a person who is not an attorney may represent himself but may not represent another person or entity. McGregor therefore could pursue his own claims without a lawyer, but Flava Roots Publishing had to obtain counsel to proceed in the action.
The court granted McGregor 30 days to obtain a lawyer for Flava Roots Publishing. The court stated that if counsel was not obtained within that period, it might dismiss the claims asserted by Flava Roots Publishing and allow the case to proceed with McGregor as the sole plaintiff.
Disposition
The court ordered the Clerk to mail McGregor a copy of the order and an information package, issue the summons, complete the service form, and send the necessary documents to the Marshals Service. The court granted 30 days' leave to obtain counsel for Flava Roots Publishing. The order did not decide the alleged copyright infringement claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.