Eugene Winfrey v. Broadcast Music Inc., et al.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EUGENE WINFREY, Plaintiff, 26-CV-2251 (VSB) -against- ORDER OF SERVICE BROADCAST MUSIC INC., et al., Defendants. VERNON S. BRODERICK, United States District Judge: Plaintiff, who is appearing pro se, brings this action asserting a claim of copyright infringement pursuant to 17 U.S.C. § 101, et seq. By order dated March 24, 2026, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 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 0F (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] 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 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 Defendants. The Clerk of Court is further instructed to issue a summons 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 the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. and deliver to the U.S. Marshals Service all the paperwork necessary for the U.S. Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date the summons is 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. CONCLUSION The Clerk of Court is instructed to issue a summons for Defendants, complete the USM- 285 form with the address for Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package Plaintiff may receive court documents by email by completing a Consent to Electronic Service form.”

SO ORDERED. Dated: March 27, 2026 New York, New York i VERNON S. BRODERICK United States District Judge

2 TF Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

SERVICE ADDRESS FOR DEFENDANT Broadcast Music Inc. 7 World Trade Center, 250 Greenwich Street New York, NY, 10007-0030

New Mountain Capital 1633 Broadway, 48th Floor New York, NY, 10019

Michael O’Neill 10 Music Square East Nashvile, TN, 37203-4399

Prosek Partners 28 East 28th Street, 15th Floor New York, NY, 10016