Albert v. Amazon and DistroKid: Case Dismissed With Prejudice, Appeal Filed

Update — June 28, 2026

This updates our May 15 and May 18, 2026 stories on Case 1:25-cv-01705-KPF, Albert v. Amazon.com Services LLC and DistroKid LLC, SDNY, Judge Katherine Polk Failla.

The case was dismissed on June 18, 2026. Judge Katherine Polk Failla dismissed the action for failure to abide by court orders. ECF 113. A notice of appeal was filed the same day. ECF 115. The appeal record was transmitted to the Second Circuit on June 22, 2026.

The docket between our publication dates and the dismissal includes a sequence of developments that led directly to that outcome.

On June 3, Judge Failla warned plaintiff that his filings constituted a “scorched earth litigation tactic” that “must be stopped.” ECF 104.

In a June 5 order, the court noted plaintiff had made no fewer than ten additional submissions. ECF 105.

On June 5, Judge Failla struck plaintiff’s ECF 93 filing after Amazon identified fabricated citations in plaintiff’s submissions and material misrepresentations of case law. The court found that a purported quotation of the court in plaintiff’s submission “appears nowhere in the Court’s March 13, 2026 Opinion.” ECF 105.

A telephone conference was held June 8 to address discovery procedures and remedies in response to the improper citations. Defendants’ counsel noted in a subsequent filing that at the June 8 conference, plaintiff denied using AI in connection with his submissions. ECF 109.

On June 15, Judge Failla denied plaintiff’s motion for targeted discovery and ordered plenary discovery. The court described a plaintiff motion as “completely devoid of factual basis” and stated it “parrots the same incendiary rhetoric that the Court already warned Plaintiff about.” ECF 108. Defendants’ joint letter to the court the same day referenced a parallel proceeding in which Judge Preska had denied plaintiff’s application for ECF privileges based on Judge Failla’s findings in this case. Sony Music Entertainment et al. v. Rhapsody International Inc., No. 1:25-cv-06352-LAP, SDNY, June 11, 2026. ECF 109.

On June 16, Judge Failla struck docket entries 107 and 110 and revoked plaintiff’s electronic filing privileges. ECF 111. The court found that ECF 107 contained “scurrilous and baseless allegations” about defense counsel’s conduct at the June 8 conference. ECF 110 was a recusal motion which the court described as containing a “wholly fabricated tale suggesting, falsely, an assignation some 35 years ago between the undersigned and one of the attorneys for Defendant Amazon.com Services LLC,” supported by what the court called a “perjurious affidavit.” ECF 111. The court warned that one further violation would result in dismissal.

Within 36 hours of that warning, plaintiff filed another reconsideration motion. ECF 112. In her dismissal order, Judge Failla found that plaintiff had doubled down on his perjury and had pivoted from using the litigation to seek redress for alleged contractual breaches to using it to spread calumny regarding the other participants. The court stated the recusal allegations were wholly false and dismissed the case because plaintiff continued to perjure himself despite the sternest of warnings. ECF 113. ECF 110 was stricken from the public docket and is not publicly available. The court’s description of its contents appears in ECF 111 and ECF 113.

THE UNDERLYING RECORD

The technical evidence plaintiff filed in May 2026, including the UI screenshot, the email record, the Amazon confirmation email, the ISRC ledger, and the Spotify disclosure issue, remains on the public docket. Those documents were accurately reported at the time of publication. The subsequent conduct of the plaintiff in litigation is a separate matter, documented above.

Room Reports covers what the public record shows. The record now shows a dismissed case, an active appeal, and a plaintiff whose conduct in litigation was repeatedly sanctioned by the court, including findings of fabricated citations, a perjurious affidavit, and a fabricated recusal allegation against the judge herself. We update the record accordingly. Any response from plaintiff or defendants can be directed to contact@roomsreport.com.

Albert v. Amazon.com Services LLC and DistroKid LLC. Case 1:25-cv-01705-KPF. SDNY. Dismissed June 18, 2026. Appeal filed June 18, 2026 to the Second Circuit.

All facts cited are sourced from primary court documents and public filings. Documentation is held and available upon request.