Gleeson v. Crow et al

Filing 8

ORDER by Magistrate Judge Karen K. Klein dismissing the 7 Amended Complaint filed by George J. Gleeson. (AS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
George J. Gleeson,
Plaintiff,
vs.
Sheryl Crow, Kid Rock, Kelly Clarkson,
and Reba McEntire,
Defendants.

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Case No: 3:11-cv-00060
ORDER

Plaintiff George J. Gleeson (“Gleeson”), who is proceeding in forma pauperis (“IFP”),
filed a pro se complaint and an amended complaint against defendants Sheryl Crow, Kid Rock,
Kelly Clarkson, and Reba McEntire. (Doc. #5, Doc. #7). Gleeson’s original complaint alleged
that his “personal vehicle” was “illegally entered” and “copyrighted intellectual properties of the
mind were taken . . . .” (Doc. #5, p. 3). He claimed the intellectual property was plagiarized and
registered in someone else’s name. Id. Gleeson also stated he had a “discussion in 1982 with
Harvard University entertainment professors who assured [him] of [his] value [in his] common
law copyrighted work.” Id.
The court reviewed the IFP complaint under 28 U.S.C. § 1915(e)(2) and noted several
deficiencies. Specifically, Gleeson did not state who illegally entered his vehicle or where the
theft occurred, what copyrighted materials were taken and plagiarized, who registered the
allegedly plagiarized materials in his or her name, or when any of these things happened. (Doc.
#6). The court presumed that since Gleeson had named musicians as defendants, he was alleging
the defendants infringed on lyrics and/or music copyrights he owns, but Gleeson did not state
which songs were appropriated and he did not refer to any of the named defendants beyond the
caption of his complaint. Id. The court allowed Gleeson an opportunity to amend his complaint

subject to a warning that his complaint may be dismissed as frivolous or for failing to state a
claim that is plausible on its face. Id.
Gleeson’s amended complaint alleges that his “motor home” was vandalized and
property was stolen from it more than fifty times. The intrusions into his motor home allegedly
resulted in the plagiarism of the lyrics and titles of the songs “A Moment Like This,”1 “Since U
Been Gone,”2 “Because of You,”3 “Only God Knows Why,”4 and “Picture.”5 Gleeson states that

1

The song “A Moment Like This” was written in 2002 by Jörgen Elofsson and John
Reid for the first season of American Idol. See Online Records of the United States Copyright
Office, http://www.copyright.gov/records/, Registration Number PA0001073582.
It was performed by the season’s winner, Kelly Clarkson, and subsequently appeared on
Clarkson’s 2003 debut album “Thankful.” See Id., Registration Number SR0000355313.
2

The song “Since U Been Gone” was written in 2004 by Martin Karl Sandberg, known
professionally as Max Martin, and Lukasz Gottwald, known professionally as Dr. Luke. See
Online Records of the United States Copyright Office, http://www.copyright.gov/records/,
Registration Number PA0001160750. The song was released on Kelly Clarkson’s second album
“Breakaway” in 2004. See Id., Registration Number SR0000352147. The court notes that in
Gleeson’s amended complaint he lists the song as being titled “Since You’ve Been Gone.”
3

The song “Because of You” was written in 2004 by Kelly Clarkson, David Hodges, and
Ben Moody. See Online Records of the United States Copyright Office,
http://www.copyright.gov/records/, Registration Number PA0001161120. The song was
released on Kelly Clarkson’s second album “Breakaway” in 2004. See Id., Registration Number
SR0000352147. It was re-released in 2007 as a duet between Kelly Clarkson and Reba
McEntire on McEntire’s album “Reba Duets.” See Id., Registration Number SR0000614542.
4

The song “Only God Knows Why” was written in 1998 by Robert J. Ritchie,
professionally known as Kid Rock, Matthew L. Shafer, professionally known as Uncle Kracker,
and John A. Travis. See Online Records of the United States Copyright Office,
http://www.copyright.gov/records/, Registration Number SR0000204532. It was released on
Kid Rock’s album “Devil Without a Cause” in 1998. See Id., Registration Number
PA0001009077.
5

The song “Picture” was written by Robert J. Ritchie, professionally known as Kid
Rock, and Sheryl Crow. See Online Records of the United States Copyright Office,
http://www.copyright.gov/records/, Registration Number PA0001114108. It was released in
2001 on Kid Rock’s album “Cocky.” See Id.
2

the Federal Bureau of Investigations “received a copy of [the] complaint against [the] listed
defendants approx[imately] four years ago . . . .” (Doc. #7, p. 2).
Under 28 U.S.C. § 1915(e)(2), the court may sua sponte review an IFP complaint and
dismiss the action if it is frivolous or malicious, fails to state a claim, or seeks monetary relief
against a defendant who is immune from such relief. An action is frivolous if “it lacks an
arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). The term
frivolous “embraces not only the inarguable legal conclusion, but also the fanciful factual
allegation.” Id,
Gleeson’s original complaint alleged his copyrighted materials were stolen from his
“personal vehicle.” He alleges in his amended complaint that either the defendants themselves
or someone at the direction of the defendants illegally entered his “motor home” more than fifty
times and plagiarized the lyrics to the popular songs. Gleeson’s factual allegations are wholly
incredible.6 It is ORDERED that Gleeson’s amended complaint (Doc. #7) is DISMISSED
without prejudice as frivolous. The court also finds that any appeal would be frivolous, could
not be taken in good faith, and may not be taken in forma pauperis.
JUDGMENT SHALL BE ENTERED ACCORDINGLY.

6

The court notes that Gleeson has filed a similar lawsuit in the past. In 2005 Gleeson
filed a pro se complaint against Michael Jackson and Quincy Jones alleging the theft of the
songs “Thriller,” “We are the World,” and “Do You Remember,” as well as the theft of the
popular dance referred to as the “moonwalk.” See Gleeson v. Jackson, No. 1:05-CV-088, 2006
WL 462110 (D.N.D. Feb. 23, 2006) (unpublished) (defendants’ summary judgment motion
granted because Gleeson failed to demonstrate any ownership in the copyrighted songs or in the
popular dance referred to as the “moonwalk,” and his claims of copyright infringement were
time-barred). Gleeson’s instant action would also be time-barred under 17 U.S.C. § 507(b)
because Gleeson did not commence the lawsuit within three years after his claims accrued.
3

Dated this 1st day of November, 2011.
/s/ Karen K. Klein
Karen K. Klein
United States Magistrate Judge

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