Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena is directed to Verizon Fios, identified as the internet service provider for the internet address listed in the complaint. The defendant is identified as John Doe, a subscriber assigned that internet address.

Court’s Analysis

The court found that Strike 3 had established “good cause” to obtain early discovery. The order cites Second Circuit and Southern District of New York decisions recognizing this basis for allowing a subpoena before the Rule 26(f) conference.

Order

The court allowed Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 requiring Verizon Fios to provide the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.

The court also allowed Strike 3 to serve the same type of subpoena on any other 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 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 the order. Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights asserted in its complaint. Judge Nelson Roman directed the clerk to terminate the motion at ECF No. 9.