Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC sued a defendant identified as Doe, stating that the defendant’s name and address were not known. Strike 3 said it owns three subscription-based adult websites and the copyrights to the movies distributed through those websites. It alleged that the Internet Protocol address assigned to Doe was repeatedly used to infringe its copyrighted works through the BitTorrent file-distribution network.

Request

Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to file a motion seeking early discovery before the required conference at which the parties normally discuss the case. Specifically, it sought permission to request a third-party subpoena to Verizon Fios, the internet service provider associated with the Internet Protocol address, to obtain information that could identify Doe. Strike 3 also requested that any initial scheduling conference be postponed until Doe was identified and served.

Strike 3 argued that the provider’s records could connect the Internet Protocol address to a customer and that such records might be retained only briefly. It said it would show good cause for the requested discovery, including a preliminary showing of copyright infringement, a specific request, the lack of another way to obtain Doe’s identity, the importance of the information, and Doe’s limited expectation of privacy. These were Strike 3’s arguments; the order did not decide whether the alleged infringement occurred.

Ruling

Judge Analisa Torres granted Strike 3’s request to file the motion. The court ordered Strike 3 to file that motion by April 24, 2025. The court also adjourned indefinitely the deadline for the parties to file their joint letter and proposed case management plan. The order did not grant the subpoena itself or decide the merits of Strike 3’s copyright claim.