Syrrakos v. Def Jam Recordings et al

Filing 4

ORDER signed by Judge Rudolph T. Randa on 10/7/2014 GRANTING 2 Plaintiff's MOTION for Leave to Proceed in forma pauperis. US Marshal to serve copy of complaint and this Order upon Def Jam Recordings and Jay Wayne Jenkins (b/k/a Young Jeezy) pursuant to FRCP 4. (cc: via US mail to Christopher Syrrakos)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTOPHER J. SYRRAKOS
(p/k/a BIG CHRIS),
Plaintiff,
-vs-

Case No. 14-C-1197

DEF JAM RECORDINGS, a division of
UNIVERSAL MUSIC GROUP (UMG
RECORDINGS, Inc.), and JAY WAYNE
JENKINS (b/k/a YOUNG JEEZY),
Defendants.
DECISION AND ORDER
Pro se plaintiff Christopher Syrrakos, a local rapper known as “Big
Chris,” alleges that Young Jeezy’s recent hit song “Me Ok” infringes upon
his copyright in a song called “13 Shots.” Syrrakos requests leave to
proceed in forma pauperis.
Syrrakos’ financial affidavit demonstrates that he is unable to pay
the filing fee to commence this lawsuit. 28 U.S.C. § 1915(a)(1). Beyond
that, the Court must inquire as to whether this action is frivolous or
malicious, fails to state a claim upon which relief may be granted, or seeks
monetary relief against a defendant who is immune from such relief. §
1915(e)(2). Syrrakos’ complaint is not frivolous, nor does it seek monetary

relief against a defendant who is immune from such relief. Id. Accepting
Syrrakos’ allegations as true, his complaint states an actionable claim for
copyright infringement. Id.; Lavalais v. Vill. of Melrose Park, 734 F.3d 629,
632 (7th Cir. 2013).
As an aside, the Court is skeptical that it will be able to exercise
personal jurisdiction over the defendants in this case. See, e.g., Bridgeport
Music, Inc. v. Still N The Water Pub., 327 F.3d 472 (6th Cir. 2003). Young
Jeezy is from Atlanta, Georgia, and Def Jam Recordings, a division of UMG
Recordings, is located in Santa Monica, California. However, courts
generally refrain from exploring personal jurisdiction sua sponte because it
is an affirmative defense that can be waived. Ins. Corp. of Ireland, Ltd. v.
Compagnie des Bauxites de Guinee, 456 U.S. 694, 703 (1982). Therefore,
the Court will not speculate as to the type or quality of the defendants’
contacts with the State of Wisconsin.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT the plaintiff’s motion for leave to proceed in
forma pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED THAT the United States Marshal
shall serve a copy of the complaint and this order upon Def Jam
Recordings, a division of Universal Music Group (UMG Recordings, Inc.),
-2-

and Jay Wayne Jenkins (b/k/a Young Jeezy) pursuant to Federal Rule of
Civil Procedure 4. The plaintiff is advised that Congress requires the U.S.
Marshals Service to charge for making or attempting such service. 28
U.S.C. 1921(a). The current fee for waiver-of-service packages is $8.00 per
item mailed. The full fee schedule is provided at 28 C.F.R. §§ 0.114(a)(2),
(a)(3).
Dated at Milwaukee, Wisconsin, this 7th day of October, 2014.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-3-