Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that John Doe copied and distributed its copyrighted adult films without authorization. Doe was identified in the complaint only by the Internet Protocol address 69.115.64.109. Strike 3 alleged that the address had been traced to a location in the Bronx, New York, and that Doe’s Internet service provider was Optimum Online.

Strike 3 moved for permission to serve a third-party subpoena before the parties held the discovery-planning conference normally required under Federal Rule of Civil Procedure 26(f). The subpoena sought information from Optimum Online that would identify Doe.

Court’s Analysis

Judge Jennifer L. Rochon applied the Second Circuit’s factors for deciding whether early discovery is reasonable and supported by good cause. The court found that Strike 3 had made a basic showing of copyright infringement by alleging ownership of a valid copyright and that Doe copied elements of the work.

The court also found that the request was narrow and specific because it sought the name and address of the person associated with the identified IP address. Strike 3 showed that the subpoena was the only available way to identify Doe, and the court found that Doe’s identity was necessary for Strike 3 to serve the lawsuit and proceed with its claim. The court further found that the privacy interest of an Internet service provider’s subscriber in the sharing of copyrighted information was minimal.

Ruling and Procedures

The court granted Strike 3’s motion. It authorized Strike 3 to serve Optimum Online with a subpoena under Federal Rule of Civil Procedure 45 seeking Doe’s true name and current and permanent address. The subpoena may not seek Doe’s email addresses or telephone numbers.

The order requires Optimum Online to notify Doe by providing a copy of the subpoena, the order, and a notice explaining Doe’s rights. Doe has 60 days after receiving notice to file a motion challenging the subpoena, including a request to cancel or change it. Optimum Online may not disclose Doe’s identifying information before that period ends or while a timely challenge is pending. If no challenge is filed, Optimum Online has 10 days after the 60-day period to produce the requested information.

The court also ordered that the subpoenaed information be preserved, allowed Doe to proceed anonymously unless the court orders otherwise, limited any disclosed information to use in protecting Strike 3’s rights in this case, and extended Strike 3’s deadline to serve the summons and complaint until 45 days after receiving the information. Strike 3 must submit status letters every 60 days until Doe responds to the complaint. The clerk was directed to close the motion at Docket 7.