Strike 3 Holdings, LLC v. Doe
- Victor Marrero
- 1:25-cv-01998
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Marrero allowed an early subpoena to identify the John Doe defendant.
Strike 3 Holdings, LLC may seek identifying information about the John Doe defendant from Spectrum and potentially another identified Internet service provider. The defendant must receive a copy of the order if the cable-operator notice provision applies.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 Holdings asked to serve a subpoena before the parties held their required initial conference. The defendant was identified in the complaint only as John Doe, a subscriber assigned the listed Internet Protocol address.
The court found that Strike 3 Holdings had shown good cause to seek identifying information from Spectrum, the Internet service provider. The subpoena may request the defendant’s true name and address, and Strike 3 Holdings may also subpoena another Internet provider identified in response.
Judge Victor Marrero ordered that any subpoena include a copy of the order. If Spectrum qualifies as a cable operator, it must send the defendant a copy of the order when disclosing personal identifying information. Strike 3 Holdings may use the information only to protect and enforce the rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:25-cv-01998
- Victor Marrero
- Apr. 11, 2025
Background
Strike 3 Holdings moved for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The complaint identified the defendant as John Doe, a subscriber assigned Internet Protocol address 24.193.234.196. Strike 3 Holdings sought information from Spectrum, identified in the order as the Internet service provider, to learn the defendant’s true name and address.
Court’s ruling
The court found that Strike 3 Holdings had established good cause for the early discovery. It ordered that Strike 3 Holdings may serve Spectrum with a subpoena under Rule 45 requesting the true name and address of the defendant to whom the listed Internet Protocol address was assigned. A copy of the order must accompany the subpoena.
The order also permits Strike 3 Holdings to serve a similar Rule 45 subpoena on another Internet service provider identified in response to a subpoena as providing Internet services to one of the defendants. If Spectrum qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of this order when disclosing personal identifying information.
Limits on disclosure
Strike 3 Holdings may use information disclosed in response to a subpoena served on Spectrum only to protect and enforce the rights stated in its complaint. The opinion does not describe those underlying rights or claims in further detail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.