Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC filed the case against a John Doe defendant whose name and address were not known. The filing states that the defendant was identified only through an Internet Protocol (IP) address and allegedly used the BitTorrent file-distribution network to infringe Strike 3’s copyrighted works. Strike 3 stated that it owns three subscription-based adult websites and the copyrights to the movies distributed through those websites.

Requests

Strike 3 asked for permission to file a motion under Federal Rule of Civil Procedure 26(d)(1) seeking leave to serve a third-party subpoena on the defendant’s internet service provider, Optimum Online. The requested subpoena would seek information identifying the subscriber assigned the relevant IP address. Strike 3 also asked the court to postpone any initial scheduling conference under Rule 16 until the defendant was identified and served.

The filing argued that early discovery should be allowed for good cause. It cited factors used in similar internet-copyright cases, including a preliminary showing of copyright infringement, a specific discovery request, the lack of another way to obtain the defendant’s identity, the importance of the information, and the defendant’s limited expectation of privacy.

Court action

The provided text does not clearly show a ruling granting or denying Strike 3’s requests. It is a pre-motion request and advocacy letter signed by counsel, followed by an unclear court endorsement bearing Judge Andrew L. Carter, Jr.’s name. The available text therefore does not establish whether the court permitted the filing of the proposed discovery motion or adjourned the scheduling conference.