Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Verizon Fios before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant is identified in the case caption as John Doe, a subscriber assigned Internet Protocol address 70.23.23.40. The opinion does not describe the underlying claim beyond referring to the rights stated in the complaint.

Court’s ruling

The court found that Strike 3 had shown “good cause” to serve the subpoena before the Rule 26(f) conference. The court therefore allowed Strike 3 to serve Verizon Fios with a subpoena under Rule 45 requiring it to provide the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.

The court also allowed Strike 3 to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants. If Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending a copy of the order to the defendant. Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights stated in its complaint.

Effect of the order

This is an order permitting early discovery—the collection of information before the normal discovery process begins. It does not decide whether Strike 3’s underlying claim is valid or whether the Doe defendant is liable. The court’s ruling was issued by Judge Kenneth Karas.