Strike 3 Holdings, LLC v. Doe
- Kenneth Karas
- 7:24-cv-08976
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Karas granted a request to seek permission for early discovery identifying the anonymous defendant and address scheduling.
Strike 3 Holdings, LLC may proceed with its request for early discovery aimed at identifying the unnamed defendant, and the case’s initial scheduling may be delayed as requested. The ruling also concerns the unidentified Internet subscriber and Comcast Cable, whose records may be sought through a later subpoena motion.
What happened
Strike 3 Holdings, LLC sued an unidentified internet subscriber, called “John Doe,” alleging that the subscriber used the BitTorrent network to infringe its copyrighted works. The plaintiff said it knew the defendant only through an Internet Protocol address assigned by Comcast Cable.
The plaintiff asked to file a motion seeking permission to subpoena Comcast before the parties’ required initial conference, so Comcast could identify the subscriber. It also asked to delay any initial scheduling conference until the defendant was identified and served, explaining that Internet providers may keep identifying records only briefly.
The court marked the plaintiff’s request “Granted.” The ruling therefore allowed the requested next step concerning a motion for early discovery and the scheduling request; it did not itself decide whether copyright infringement occurred or authorize the subpoena. Judge Kenneth M. Karas issued the ruling.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:24-cv-08976
- Kenneth Karas
- Dec. 16, 2024
Background
Strike 3 Holdings, LLC sued a John Doe defendant for alleged copyright infringement. The plaintiff said it owns three subscription-based adult websites and the copyrights to the movies distributed through those websites. According to the plaintiff, the defendant’s Internet Protocol address had been repeatedly used to infringe its copyrighted works through the BitTorrent file-distribution network.
The defendant’s name and address were not known. The plaintiff said the Internet service provider associated with the address, Comcast Cable, keeps logs connecting assigned Internet Protocol addresses with customer identities, but may retain those logs for only a short time.
Request
Because the defendant had not been identified or served, the plaintiff 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 Comcast before the parties’ Rule 26(f) conference. The requested subpoena would seek information identifying the John Doe defendant. The plaintiff also asked the court to adjourn any initial scheduling conference, or not schedule one, until the defendant was identified and served.
The letter stated that the plaintiff would address factors that courts commonly consider when deciding whether to allow early discovery in Internet copyright cases: a preliminary showing of copyright infringement, a specific discovery request, the absence of another way to obtain the information, the importance of the information, and the defendant’s limited expectation of privacy.
Ruling
The court marked the plaintiff’s request “Granted.” The text does not contain a separate analysis or separately state the disposition of each requested item. The ruling did not itself determine whether the defendant infringed copyright, identify the defendant, or authorize service of the subpoena; the plaintiff had requested permission to file a later motion seeking that authorization. Judge Kenneth M. Karas therefore granted the plaintiff’s pre-motion request as stated in the letter.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.