Warren v. Ebay, Inc.

Background

Gregory Warren, who is representing himself, filed claims against eBay, Inc.; Jamie Iannone; “Cyril B.”; “Kadesh”; “Sheila V.”; Genevieve Leah; and “Oldboombox,” also known as Jurga Jurgute. The complaint asserts claims under the Racketeer Influenced and Corrupt Organizations Act, the Lanham Act, and California and New York law. The court previously allowed Warren to proceed without paying filing fees in advance.

The order notes that the complaint identifies Jamie Iannone as eBay’s president and chief executive officer, “Cyril B.” and “Kadesh” as eBay customer-support representatives, Sheila V. as an eBay customer-support representative, Genevieve Leah as an eBay customer-support manager, and Oldboombox as an eBay seller located in Dublin, Ireland. The Clerk was directed to correct Iannone’s name on the docket.

Identifying Defendants and Addresses

Under Second Circuit precedent, a person representing himself may receive the court’s assistance in identifying a defendant or finding a service address. The court found that Warren provided enough information for eBay to identify “Cyril B.,” “Kadesh,” and “Sheila V.,” and to provide service addresses for those defendants and Leah.

The court ordered eBay to provide that information to Warren and the court within 60 days of the order. Within 30 days after receiving it, Warren must file an amended complaint naming “Cyril B.,” “Kadesh,” and “Sheila V.” by their full names and listing service addresses for those defendants and Leah. The amended complaint will replace, rather than add to, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue another order directing service.

Service of the Lawsuit

Because Warren was allowed to proceed without paying filing fees in advance, the court ordered service through the U.S. Marshals Service for eBay and Iannone. The Clerk must issue summonses, complete the required service forms with their addresses, and provide the necessary papers to the Marshals Service.

The complaint must be served on eBay and Iannone within 90 days after their summonses are issued. If service does not occur within that period, Warren should ask for more time. The court also directed Warren to notify it in writing of any address change and stated that the action may be dismissed if he fails to do so.

Because the Marshals Service cannot serve people or entities in other countries, the Clerk was directed to send Oldboombox a summons and a copy of the complaint by registered mail. The order identifies Oldboombox’s address as being in Dublin, Ireland.

Other Orders and Disposition

The court directed the Clerk to mail Warren an information package, issued service-related instructions for eBay, Iannone, and Oldboombox, and granted Warren’s request for permission to file documents electronically. The Clerk was also directed to mail eBay a copy of the order and complaint.

Judge Paul G. Gardephe’s order was an order establishing the next steps for identifying defendants and serving the lawsuit. It did not decide the merits of Warren’s claims.