Strike 3 Holdings, LLC v. Doe
- Andrew Carter
- 1:25-cv-02002
- U.S. District Court · Southern District of New York
- 3
In Strike 3 Holdings, LLC v. Doe, Judge Carter allowed early subpoenas to identify the subscriber linked to an IP address, with notice and a chance to object.
Strike 3 Holdings, LLC; John Doe, the subscriber assigned IP address 74.108.50.229; Verizon Fios; and any other internet service provider identified through the subpoena process.
What happened
Strike 3 Holdings, LLC sued John Doe, identified in the case as the subscriber assigned IP address 74.108.50.229. Strike 3 asked to serve a subpoena on Verizon Fios before the parties held their required early case-management meeting.
The court found that Strike 3 had shown a sufficient reason for early discovery. The order allows Strike 3 to subpoena Verizon Fios for the subscriber’s true name and address, but not the subscriber’s telephone number or email address. It also allows subpoenas to other internet providers identified in the response.
The order requires notice to the subscriber and gives the subscriber 45 days to challenge the subpoena, including by asking to proceed anonymously. Verizon Fios must preserve the information and may not disclose it while a challenge is pending. Judge Carter also limited Strike 3’s use of any disclosed information to this case.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:25-cv-02002
- Andrew Carter
- Apr. 8, 2025
Background
Strike 3 Holdings, LLC sued John Doe, described in the caption as the subscriber assigned IP address 74.108.50.229. Strike 3 moved for permission to serve a subpoena on Verizon Fios before the parties’ Rule 26(f) conference, the early meeting in which parties ordinarily discuss how the case will proceed and exchange initial information.
Court’s Reasoning
The court found that Strike 3 had established “good cause” for early discovery. The order cites Second Circuit and Southern District of New York decisions concerning subpoenas used to identify an unknown defendant.
Order
The order permits Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking the true name and address of the subscriber assigned the IP address identified in the complaint. The subpoena may not seek the subscriber’s telephone number or email address, and Strike 3 must attach a copy of the order.
Strike 3 may also serve the same type of subpoena on another internet service provider identified in response to a subpoena. Within 15 days after receiving a subpoena, the provider must make a reasonable effort to identify the John Doe defendant and give that person copies of the subpoena and this order. If the provider cannot identify the user of the IP address with a reasonable degree of technical certainty, it must notify Strike 3’s counsel in writing.
If the provider qualifies as a “cable operator” under the cited federal statute, it must send the subscriber a copy of this order as the required notice before disclosing personal identifying information under a court order.
The subscriber has 45 days from service of the subpoena to file a motion challenging it, including a request to litigate anonymously. The provider may not disclose the subpoenaed information during that period. If the 45-day period ends without a challenge, the provider must produce the necessary information within 10 additional days. If a challenge is filed, the provider must wait until the court resolves the challenge and orders disclosure. The provider must preserve the information while any challenge is pending.
The provider may also move to quash or object to the subpoena under the usual Rule 45 procedures, while ensuring that its filings do not reveal the subscriber’s identity to Strike 3. Strike 3 may use any information it receives only to litigate this case. The Clerk was directed to terminate the motion at ECF No. 6. Judge Andrew L. Carter, Jr. entered the order on April 8, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.