Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC sued an unidentified defendant listed as John Doe. The opinion states that the defendant’s name and address were unknown and that the defendant was identified by an Internet Protocol (IP) address. Strike 3 alleged that the address had been used to infringe its copyrighted works through the BitTorrent file-distribution network.

Requested discovery

Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to file a motion seeking a third-party subpoena before the parties held their required conference about discovery. The proposed subpoena would be directed to Verizon Fios, the internet service provider associated with the IP address, to obtain information identifying the Doe defendant. Strike 3 also requested that any initial scheduling conference be postponed until the defendant was identified and served.

Strike 3 argued that early discovery was appropriate because the provider’s records could identify the subscriber and might be retained only for a short time. It cited standards used in similar internet copyright cases, including a preliminary showing of copyright infringement, a specific discovery request, no alternative way to obtain the information, a central need for the information, and a minimal expectation of privacy.

Ruling

Judge Nelson S. Roman granted “Plaintiff’s request to file a motion seeking leave to file a third party subpoena.” The Clerk of Court was directed to terminate the motion at Electronic Case Filing No. 5. The order granted permission to file the subpoena motion; it did not grant the subpoena itself. The text also does not expressly state whether the request to postpone or avoid scheduling the initial Rule 16 conference was granted.