The Inquirer - Egan Orion
Left summons at old address
RIAA LAWYERS narrowly avoided a court sanction in a case where they sued a homeless man.
In Warner v. Berry, the RIAA sued a man who was then staying in a homeless shelter. Apparently undeterred in the least by the defendant's impecunious circumstances, big music's legal furies unleashed a minion to track the man down and serve him with a summons and complaint. The sequence of events that ensued went thusly:
On April 9, 2007, the mafiaa's process server posted a copy of the summons and complaint on the door of the defendant's former apartment, even though the plaintiffs knew that it was not his then current address.
On April 17, 2007, the recording industry plaintiffs asked for a postponement of a scheduled conference because their "attempts at service at Defendant's last-known address were unsuccessful." They requested a 60 day adjournment for "conducting a thorough address investigation to locate a current address."
On April 25, 2007, the plaintiffs' process server executed an affidavit of service, declaring that on April 9, 2007, at 3:50 p.m., she had "served" the summons by affixing one copy "in a conspicuous place on the property known as: 1713 Adee Ave Apt. 1 Bronx, N.Y. 10469" -- an address where they knew at the time that the defendant was no longer in residence...
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RIAA sued homeless man