White v. Distrokid
- Valerie Caproni
- 1:22-cv-02205
- U.S. District Court · Southern District of New York
- 2
In Brian K. White v. Distrokid, Judge Gorenstein ordered revised service paperwork after an earlier attempt to serve Distrokid failed.
Brian K. White, Distrokid, the Clerk of Court, and the U.S. Marshals Service; the order specifically facilitates service on Distrokid.
What happened
In Brian K. White v. Distrokid, Brian K. White, representing himself, sued Distrokid and Eunice Lloyd under the Copyright Act.
White was allowed to proceed without paying filing fees, so the court and U.S. Marshals Service were responsible for serving the defendants. An earlier attempt to serve Distrokid failed because White had provided an outdated address.
Judge Gorenstein ordered the Clerk of Court to use White’s updated Distrokid address, issue revised summonses, and provide the Marshals Service with the paperwork needed to serve Distrokid. The order did not decide whether White’s copyright allegations were valid.
The detailed version
- White v. Distrokid · No. 1:22-cv-02205
- Valerie Caproni
- June 22, 2022
Background
Brian K. White, appearing without a lawyer, brought an action under the Copyright Act, 17 U.S.C. §§ 101 et seq., against Distrokid and Eunice Lloyd, also known as Eunice Rivers. White had been granted permission to proceed without paying filing fees. In such cases, the court may direct the U.S. Marshals Service to serve the defendants.
Service issue
The court had previously issued an order directing service. The Marshals Service could not serve Distrokid because the address White had provided was no longer current. White then supplied an updated address: 1114 Avenue of the Americas, 36th Floor, New York, New York 10036.
Ruling
The court instructed the Clerk of Court to complete a U.S. Marshals Service process form for Distrokid using the updated address. Judge Gabriel W. Gorenstein also instructed the Clerk to issue revised summonses and give the Marshals Service all paperwork needed to serve Distrokid. The order addressed service only; it did not resolve the merits of White’s copyright claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.