Holland v. Lions Gate Ent Corp

Background

Cory Holland, Sr., proceeding without a lawyer, filed this action against Lions Gate Ent Corp and STARZ Ent Group, LLC. The complaint invokes the court’s jurisdiction based on the parties’ citizenship under 28 U.S.C. § 1332. According to the order, Holland asserts claims arising from the defendants’ employment of Curtis Jackson, also known as 50 Cent, and Jackson’s alleged retaliation against Holland for filing an earlier lawsuit.

Judge Laura Taylor Swain had previously allowed Holland to proceed without paying filing fees in advance. That status is commonly called proceeding in forma pauperis. Because Holland had that status, federal law required the court to arrange for the U.S. Marshals Service to serve the defendants.

Service Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the summonses and other necessary papers to the U.S. Marshals Service. The order therefore addressed how the defendants would receive the lawsuit; it did not resolve the merits of Holland’s claims.

The order states that the complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Holland should request an extension of time. The court also directed Holland to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

The court directed the Clerk to issue the summonses, complete the service forms with the defendants’ addresses, and provide the documents to the U.S. Marshals Service. The Clerk was also directed to mail Holland a copy of the order and an information package. Judge Torres did not rule on the underlying claims.