Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:25-cv-01296
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Roman authorized early subpoenas to identify the defendant associated with an internet address.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other internet-service provider identified in response to a subpoena.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 asked to serve Verizon Fios before the parties’ required early case-management conference. The defendant was identified in the complaint as John Doe, a subscriber assigned a particular internet address.
The court found that Strike 3 had shown good cause and authorized a subpoena seeking the defendant’s true name and address. Strike 3 may also subpoena another internet provider identified in response to a subpoena. If Verizon Fios qualifies as a cable operator, it must send John Doe a copy of the order, and Strike 3 may use the information only to protect and enforce the rights asserted in its complaint.
Judge Nelson Roman issued the order on April 8, 2025. The Clerk was directed to terminate the motion, and the order did not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:25-cv-01296
- Nelson Roman
- Apr. 8, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a subpoena on Verizon Fios before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant is identified in the caption as John Doe, a subscriber assigned internet address 108.41.249.70. The opinion does not describe the underlying claims in detail.
Court’s Analysis
The court found that Strike 3 had established “good cause” to serve the subpoena before the Rule 26(f) conference. The order permits Strike 3 to serve Verizon Fios with a subpoena under Rule 45 seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve a Rule 45 subpoena on another internet-service provider identified in response to a subpoena as providing internet services to one of the defendants. If Verizon Fios qualifies as a “cable operator” under federal law, it must comply with the statutory notice requirement by sending John Doe a copy of the order. Strike 3 may use information produced in response to the Verizon Fios subpoena only to protect and enforce the rights asserted in its complaint.
Disposition
The order authorizes the early third-party subpoenas and imposes the stated notice and use restrictions. It does not decide the merits of Strike 3’s underlying claims. The Clerk of Court was directed to terminate the motion at ECF No. 10.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.