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S.D.N.Y.Procedural orderFiled Oct. 4, 2022

Jones v. Atlantic Records

Judge
Andrew Carter
Docket
1:22-cv-00893
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro SeMotion to Dismiss
In one sentence

In Jones v. Atlantic Records, Judge Carter required leave before default requests, allowed listed defendants to seek dismissal, and vacated default certificates.

Who this affects

Denise Jones; Atlantic Recording Corporation; Warner Music Group Corp.; 300 Entertainment LLC; Craig Kallman; Stephen Cooper; Kevin Liles; Carl Crawford; and 1501 Entertainment LLC.

What happened

In Jones v. Atlantic Records, pro se plaintiff Denise Jones submitted several filings asking the court to enter default against the defendants. The court found those requests without merit because the defendants had appeared, acknowledged receiving the complaint while seeking lawyers, or had not been served.

The court ordered Jones not to seek default without first obtaining the court’s permission. It also allowed Atlantic Recording Corporation, Warner Music Group Corp., 300 Entertainment LLC, Craig Kallman, Stephen Cooper, Kevin Liles, Carl Crawford, and 1501 Entertainment LLC to file motions asking to dismiss the complaint.

Judge Carter set deadlines for the dismissal motions and related filings, required Carl Crawford and 1501 Entertainment LLC to address their representation, and directed the clerk to vacate the certificates of default. The court explained that a corporation or limited liability company cannot appear in federal court without a licensed lawyer.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Jones v. Atlantic Records · No. 1:22-cv-00893
Judge
Andrew Carter
Date
Oct. 4, 2022

Background

Denise Jones, who was representing herself, submitted numerous filings seeking default against the defendants. The court stated that the submissions were unmeritorious. It explained that all defendants had either appeared, acknowledged receipt of the complaint and were seeking counsel, or had not been served.

Rulings on Default

The court ordered Jones not to seek default before first receiving leave from the court. It also directed the clerk to vacate the certificates of default.

Leave to File Motions to Dismiss

The court granted Atlantic Recording Corporation, Warner Music Group Corp., 300 Entertainment LLC, Craig Kallman, Stephen Cooper, Kevin Liles, Carl Crawford, and 1501 Entertainment LLC leave to move to dismiss Jones’s complaint. The defendants had to file their motions by November 1, 2022. Jones had to submit one opposition to both motions by November 29, 2022, and any replies were due by December 13, 2022.

Representation of Carl Crawford and 1501 Entertainment LLC

By November 1, 2022, Carl Crawford and 1501 Entertainment LLC had to retain new counsel. The court allowed Crawford to instead inform the court whether he intended to represent himself. If Crawford proceeded without a lawyer, he had to provide his mailing address, telephone number, and email address. Otherwise, Crawford’s counsel had to file an appearance. The court explained that a corporation and a limited liability company cannot appear in federal court without a licensed attorney.

Disposition

Judge Andrew L. Carter, Jr. ordered that Jones could not seek default without prior court permission, granted the listed defendants leave to file motions to dismiss, imposed the stated filing deadlines, and directed the clerk to vacate the certificates of default. The order did not decide whether the complaint should ultimately be dismissed.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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