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S.D.N.Y.Procedural orderFiled Mar. 13, 2023

Greene v. Warner Music Group Corp

Judge
Katherine Failla
Docket
1:23-cv-01555
Court
U.S. District Court · Southern District of New York
Pages
6
Intellectual PropertyCivil ProcedurePro Se
In one sentence

In Greene v. Warner Music Group Corp., Judge Failla ordered Marshals to serve defendants in Greene’s copyright case after the court allowed fee-free proceedings.

Who this affects

James A. Greene, the four named defendants, the Clerk of Court, and the U.S. Marshals Service are affected. The order directs the Clerk and Marshals Service to carry out service and requires Greene to monitor the 90-day service period and report address changes.

What happened

In Greene v. Warner Music Group Corp., James A. Greene, representing himself, alleged that Warner Music Group Corp. and the other defendants infringed his musical composition’s copyright.

Because the court had allowed Greene to proceed without paying filing fees in advance, it directed the Clerk to issue summonses and provide the U.S. Marshals Service with the documents needed to serve each defendant. Greene must request more time if service is not completed within 90 days after the summonses are issued.

Judge Katherine Polk Failla also directed the Clerk to mail Greene an information package and the order. The order concerns service of the lawsuit and does not decide whether copyright infringement occurred.

The detailed version

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

Case
Greene v. Warner Music Group Corp · No. 1:23-cv-01555
Judge
Katherine Failla
Date
Mar. 13, 2023

Background

James A. Greene, who is representing himself, brought the action under the Copyright Act. He alleges that Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC infringed the copyright in his musical composition. The court had previously granted Greene permission to proceed in forma pauperis, meaning without paying filing fees in advance.

Service of Process

A plaintiff proceeding without advance payment of fees may rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin to operate normally before the court reviewed the complaint and ordered summonses to be issued. It therefore stated that service must occur within 90 days after the summonses are issued, and that Greene should request an extension if service is not completed by then.

Order

The court instructed the Clerk of Court to issue summonses for Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC; complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses; and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Greene an information package and a copy of the order. Greene must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Judge Katherine Polk Failla’s order addresses how the defendants will be served. It does not decide the merits of Greene’s copyright-infringement allegations.

The authoritative version

Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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