Strike 3 Holdings, LLC v. Doe
- Alvin Hellerstein
- 1:24-cv-04126
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. John Doe, Judge Cave authorized an early subpoena for the defendant’s identity, with notice and privacy protections.
Strike 3 Holdings, LLC may seek John Doe’s name and address from Spectrum. John Doe receives notice and 60 days to challenge the subpoena or request anonymous treatment. Spectrum must follow the order’s notice, withholding, preservation, and disclosure requirements.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and sought permission to obtain Doe’s identity from Spectrum, the internet provider. The case concerns Strike 3’s claim that Doe illegally downloaded or distributed movies.
The court allowed Strike 3 to serve Spectrum with a subpoena for Doe’s name and current or permanent address, but not additional information such as an email address or telephone number. Spectrum must notify Doe, and Doe has 60 days to challenge the subpoena or request anonymous treatment. Spectrum generally may not disclose the information until that period ends and any timely challenge is resolved.
Judge Sarah L. Cave issued the June 25, 2024 order. If no challenge is filed, Spectrum may provide the requested information after an additional 10 days, and Strike 3 may use any disclosed information only to protect its rights in the lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:24-cv-04126
- Alvin Hellerstein
- June 25, 2024
Background
Strike 3 Holdings, LLC sued John Doe, described as the subscriber assigned Internet Protocol address 74.71.233.196. The notice attached to the order states that Strike 3 alleges Doe illegally downloaded and/or distributed movies. Strike 3 did not know Doe’s actual name or address and asked to serve Spectrum, the identified internet service provider, with a subpoena before the parties’ required initial conference. The subpoena sought information that could identify Doe.
On June 24, 2024, District Judge Alvin K. Hellerstein granted Strike 3 permission to file the subpoena. The matter had been referred to Magistrate Judge Sarah L. Cave for general pretrial management, including discovery and non-dispositive pretrial matters.
Order
Judge Cave authorized Strike 3 to serve the subpoena immediately on Spectrum. The subpoena may seek only John Doe’s name and current and/or permanent address associated with the specified internet address. It may not seek additional information, including an email address or telephone number. Strike 3 must include the order, the June 24 order, and the attached notice to defendant with the subpoena.
Spectrum has 60 days after service to provide Doe with the subpoena, the orders, and the notice. Doe then has 60 days from service of the subpoena to file a motion challenging it, including a motion to cancel or modify the subpoena, or to request permission to litigate anonymously. If Doe contests the subpoena, Doe must also notify Spectrum, which must not release the identifying information while the challenge is pending. Spectrum must preserve the subpoenaed information during a timely challenge.
If neither Doe nor Spectrum contests the subpoena within the 60-day period, Spectrum has 10 additional days to provide the responsive information to Strike 3. Any information disclosed may be used only to protect Strike 3’s rights as stated in its complaint. Strike 3 must file proof of service of the subpoena, the orders, and the notice by July 2, 2024.
Effect of the Order
This is a discovery order addressing how Strike 3 may seek the identity of an unnamed defendant. It does not decide whether Doe illegally downloaded or distributed movies, and it does not decide whether Strike 3 will ultimately prevail. The order also provides procedures for Doe to challenge the subpoena or remain anonymous at that stage of the case. Judge Sarah L. Cave signed the order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.