Greene v. Warner Music Group Corp et al

Filing 18

AMENDED ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses for Defendants Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. (Signed by Judge Katherine Polk Failla on 5/19/2023) (rro) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JAMES A. GREENE,
Plaintiff,
-v-

23 Civ. 1555 (KPF)

WARNER MUSIC GROUP CORP.; MEGAN PETE
P/K/A MEGAN THEE STALLION; ANTHONY
WHITE AKA J WHITE DID IT; 1501 CERTIFIED
ENTAINMENT,

AMENDED ORDER OF
SERVICE

Defendants.
KATHERINE POLK FAILLA, District Judge:
Plaintiff, who is appearing pro se, brings this action under the Copyright
Act, 17 U.S.C. § 101 et seq., alleging that Defendants infringed the copyright of
his musical composition. By order dated March 1, 2023, the Court granted
Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without
prepayment of fees.
DISCUSSION
Because Plaintiff has been granted permission to proceed IFP, he is
entitled to rely on the Court and the U.S. Marshals Service to effect service. 1
Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C.
§ 1915(d) (“The officers of the court shall issue and serve all process … in [IFP]

1

Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons be served within 90 days of the date the complaint is filed, Plaintiff is
proceeding IFP and could not have served summonses and the complaint until the
Court reviewed the complaint and ordered that summonses be issued. The Court
therefore extends the time to serve until 90 days after the date summonses are issued.

cases.”); Fed. R. Civ. P. 4(c)(3) (the Court must order the Marshals Service to
serve if the plaintiff is authorized to proceed IFP)).
To allow Plaintiff to effect service on Defendants Warner Music Group
Corp., Megan Pete, Anthony White, and 1501 Certified Entertainment, LLC
through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a
U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for
each Defendant. The Clerk of Court is further instructed to issue summonses
and deliver to the Marshals Service all the paperwork necessary for the
Marshals Service to effect service upon Defendants.
If the complaint is not served within 90 days after the date the
summonses are issued, Plaintiff should request an extension of time for
service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is
the plaintiff’s responsibility to request an extension of time for service).
Plaintiff must notify the Court in writing if his address changes, and the
Court may dismiss the action if Plaintiff fails to do so.
Plaintiff may consider contacting the New York Legal Assistance Group’s
(“NYLAG”) Clinic for Pro Se Litigants in the Southern District of New York,
which is a free legal clinic staffed by attorneys and paralegals to assist those
who are representing themselves in civil lawsuits in this court. The clinic is
run by a private organization; it is not part of, or run by, the Court. It cannot
accept filings on behalf of the Court, which must still be made by any pro se
party through the Pro Se Intake Unit. A copy of the flyer with details of the
clinic is attached to this order.
2

CONCLUSION
The Clerk of Court is instructed to issue summonses for Defendants
Warner Music Group Corp., Megan Pete, Anthony White, and 1501 Certified
Entertainment, LLC, complete the USM-285 forms with the addresses for these
defendants, and deliver to the U.S. Marshals Service all documents necessary
to effect service.

SO ORDERED.
Dated: May 19, 2023
New York, New York

KATHERINE POLK FAILLA
United States District Judge

3

DEFENDANTS AND SERVICE ADDRESSES
Warner Music Group Corp.
CT Corporation
330 N. Brand Boulevard
Suite 700
Glendale, CA 91203
Warner Music Group Corp.
1633 Broadway
New York, NY 10019
Megan Pete P/K/A Megan Thee Stallion
540 W. 26th Street
New York, NY 10001
Megan Pete P/K/A Megan Thee Stallion
9000 Sunset Boulevard
Suite 800
West Hollywood, CA 90069
Anthony White AKA J White Did IT
2446 Channel Isle Drive
Garland, TX 75043
1501 Certified Entertainment LLC
Carl Crawford, Registered Agent
15618 Bristol Lake Drive
Houston, TX 77070
1501 Certified Entertainment LLC
207 Reinerman Street
Houston, TX 77007