Strike 3 Holdings, LLC v. Doe
- Jed Rakoff
- 1:25-cv-01281
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Rakoff allowed subpoenas to identify the anonymous internet subscriber accused in the complaint.
Strike 3 Holdings, LLC may subpoena Verizon Online LLC and certain subsequently identified internet service providers for identifying information about John Doe. John Doe may receive notice if the provider is a cable operator, and the disclosed information may be used only to protect and enforce Strike 3’s rights in this case.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to subpoena Verizon Online LLC before the usual early-case conference. The company said it needed the subscriber’s identifying information.
The court found that Strike 3 had shown good cause and authorized the subpoena. Verizon must provide the subscriber’s true name and address within 21 days, and Strike 3 may subpoena another internet provider identified in the response.
The order limits use of the information to protecting and enforcing Strike 3’s rights in this case. Judge Jed S. Rakoff also required notice to the subscriber if the provider is a cable operator subject to the federal cable-privacy law.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:25-cv-01281
- Jed Rakoff
- Mar. 7, 2025
Background
Strike 3 Holdings, LLC filed a case against John Doe, described in the caption as the subscriber assigned internet protocol address 173.56.25.168. Strike 3 moved for permission to serve a subpoena on Verizon Online LLC before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f).
Court’s reasoning and order
The court found that Strike 3 had established “good cause” to serve the subpoena. The order permits Strike 3 to serve Verizon with a subpoena under Rule 45 requiring Verizon to provide the true name and address of the defendant to whom the internet protocol address identified in the complaint was assigned. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve a similar Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants. Verizon must return the requested information to Strike 3 within 21 days of the order.
If Verizon qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B), including sending a copy of the order to the defendant so the subscriber is notified. Strike 3 may use information disclosed in response to the subpoena only to protect and enforce its rights stated in the complaint.
Disposition
The court authorized early third-party subpoenas based on Strike 3’s showing of good cause. The order addressed discovery and identification of the anonymous defendant; it did not decide the underlying claims against John Doe. The order was signed by Judge Jed S. Rakoff.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.