Strike 3 Holdings,LLC v. Doe

Background

Strike 3 Holdings, LLC alleges that “John Doe,” identified only by Internet Protocol address 70.19.55.149, downloaded, copied, and distributed Strike 3’s copyrighted movies in violation of the Copyright Act. Because Strike 3 did not know Doe’s name or address, it asked for permission to serve a third-party subpoena on Doe’s internet service provider, Verizon Online LLC, to obtain information needed to identify and serve Doe.

Court’s analysis

The court applied the standard used for expedited discovery, which is discovery allowed before the usual discovery process when there is good cause. The court considered whether Strike 3 had shown a possible actionable claim, whether its request was specific, whether another way existed to obtain the information, whether the information was needed to advance the case, and Doe’s privacy expectations.

The court found that Strike 3 had made an initial showing of copyright infringement by describing its copyrighted works and providing a detailed account of the alleged copying, including dates and times. It also found that the requested discovery was limited to the subscriber’s name and address, that Strike 3 had no reasonable alternative to the subpoena, and that the information was needed to serve Doe and pursue the litigation. The court acknowledged that identification in a case involving adult movies could cause embarrassment but concluded that the relevant privacy interests were limited and could be partly protected by a protective order.

Ruling and procedures

The court GRANTED Strike 3’s motion for leave to serve a third-party subpoena on Verizon to obtain Doe’s name and address. Strike 3 may not subpoena Doe’s phone number or email address. Strike 3 must include the order and the attached notice to Defendant with the subpoena.

The court ordered that Doe may proceed anonymously unless the court later orders otherwise. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission, although it may participate if Doe initiates those discussions.

Verizon has 60 days after being served with the subpoena to notify Doe and provide Doe with the subpoena, the order, and the notice. Doe then has 60 days after receiving that notice to challenge the subpoena, including by asking the court to cancel or change it. Verizon may not disclose identifying information before that period ends, or while a timely challenge is pending. If no challenge is filed, Verizon has 10 days to provide the responsive information to Strike 3. Verizon must preserve the information while any timely challenge is resolved.

The court also limited any disclosed information to use in protecting Strike 3’s rights in this case, extended Strike 3’s deadline to serve Doe to 45 days after receiving the information, and required Strike 3 to submit status letters every 60 days until Doe answers or otherwise responds. The order states that failure to submit those letters could result in dismissal for failure to prosecute. The Clerk was directed to terminate ECF No. 7.