Baker v. American Society of Composers, Authors and Publishers

Background

On July 20, 2022, the court denied the plaintiffs’ motion under Rule 60(b) of the Federal Rules of Civil Procedure. The court noted in part that the plaintiffs’ lawyer had not been admitted to the Southern District of New York’s bar. The court gave the plaintiffs until August 22, 2022, to obtain counsel admitted to that bar.

The court had warned that, without such counsel, Alexander C. Baker would be deemed to be proceeding pro se, meaning without a lawyer, and Adam Bravery LLC’s claims would be dismissed for failure to prosecute. The opinion states that the plaintiffs had not obtained admitted counsel by the time of this order.

Rulings

The court deemed Baker to be proceeding pro se and dismissed Adam Bravery LLC’s claims. The order does not state that the dismissal was with or without prejudice.

The court also lifted the stay. It directed the parties to propose, by August 29, 2022, a briefing structure and schedule for the defendants’ anticipated motions to dismiss.

Clerk’s directives and service

The clerk was directed to terminate Adam Bravery LLC as a party, modify the docket to show that Baker was proceeding pro se, and lift the stay. The defendants were directed to mail Baker a copy of the order by August 25, 2022, and file proof of service, including Baker’s address, on the electronic docket.