Strike 3 Holdings, LLC v. Doe
- Philip Halpern
- 7:24-cv-09960
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Halpern authorized a subpoena seeking the identity and address of the person linked to a specified internet address.
Strike 3 Holdings, LLC, John Doe, Spectrum, and any other internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked to serve a third-party subpoena before the parties’ required initial meeting about the case. The subpoena seeks the true name and address of the person assigned the specified internet address.
The court found that Strike 3 Holdings had shown a sufficient reason to obtain that information. It authorized the company to subpoena Spectrum and, if identified, other internet service providers connected to the defendant.
Judge Halpern also required certain notice and use restrictions. If Spectrum qualifies as a cable operator, it must send the defendant a copy of the order, and Strike 3 Holdings may use the information only to protect and enforce the rights asserted in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:24-cv-09960
- Philip Halpern
- Jan. 15, 2025
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena is directed to Spectrum, identified as the internet service provider, and seeks the true name and address of the defendant to whom Spectrum assigned the internet address listed in the complaint: 24.164.135.6.
Court’s ruling
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena. It authorized Strike 3 Holdings to serve Spectrum with a subpoena under Federal Rule of Civil Procedure 45, provided that the company attaches a copy of the order.
The order also permits Strike 3 Holdings to serve the same type of subpoena on another internet service provider identified in response to a subpoena as providing internet services to one of the defendants.
If Spectrum qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order. The order limits Strike 3 Holdings’s use of information disclosed in response to the subpoena to protecting and enforcing the rights asserted in its complaint.
Effect of the order
The order addresses early discovery—the process of obtaining information before the case reaches later stages. It does not decide the underlying claims or state whether Strike 3 Holdings will ultimately prevail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.