As noted in previous entries in this blog, Bart Steele has waged an ongoing campaign against Bon Jovi, the Red Sox, and others regarding purported copyright infringement of Steele’s song “Man I Really Love This Team.” Judge Gorton’s 2009 entry of summary judgment of no substantial similarity between the songs is pending an appeal to the First Circuit.
At the outset of the cases Steele was acting pro se, and thus was given some latitude by the court with regard to early pleadings, particularly relating to his Complaint and Amended Complaint, which the court ruled were to be taken together as one pleading. When Steele finally found a lawyer, the lawyer noticed that two defendants named in the original complaint had never filed answers. The lawyer then moved for entry of default judgment against them.
In this latest decision, Judge Gorton declines to enter default judgment against them (18 months after filing of the amended complaint) for various reasons including the complicated procedural history, the good faith of the defendants, the futility of any default entry, and the court’s existing ruling on the merits of the case. Judge Gorton also declined to order sanctions against Steele and his attorney noting that while Steele’s motion may have been “ill-advised and perhaps unnecessary,” they were not frivolous.
Steele v. Bongiovi, 08-11727-NMG (D. Mass. Sep. 27, 2010)
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