Strike 3 Holdings, LLC v. Doe
- Rearden
- 1:25-cv-02008
- U.S. District Court · Southern District of New York
- 5
In Strike 3 Holdings v. John Doe, Judge Rearden granted permission to subpoena Verizon Fios for Doe’s identifying information.
Strike 3 Holdings, LLC may seek John Doe’s name and current and permanent address from Verizon Fios. John Doe may challenge or seek to limit the subpoena and may request anonymous proceedings. Verizon Fios must follow the notice, preservation, timing, and disclosure restrictions in the order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to subpoena Doe’s internet provider, Verizon Fios, to learn Doe’s name and addresses.
The court found that Strike 3 had shown an initial copyright-infringement claim, needed Doe’s identity to serve the lawsuit, and had no other way to identify Doe. The court also found good cause for protections against mistaken identification and undue burden.
Judge Rearden granted Strike 3’s motion. The subpoena may seek Doe’s true name and current and permanent address, but not email addresses or telephone numbers, and the order sets procedures allowing Doe or Verizon Fios to challenge the subpoena.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:25-cv-02008
- Rearden
- May 7, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Verizon Fios, the internet service provider identified in its motion. Strike 3 sought information that could identify John Doe, the subscriber assigned Internet Protocol address 70.18.60.5. The notice to the defendant says Strike 3 claims that Doe illegally downloaded and/or distributed copyrighted films.
Court’s analysis
The court found good cause to allow the subpoena before the parties’ required conference about managing the case. It found that Strike 3 had established an initial claim of copyright infringement, needed Doe’s identity to serve the lawsuit, and had no alternative way to learn Doe’s identity. The court also found good cause for a protective order because of the risk of false-positive identifications that could cause annoyance, embarrassment, oppression, or undue burden or expense.
Order
The court granted Strike 3’s motion for leave to serve a third-party subpoena on Verizon Fios. The subpoena may request only John Doe’s true name and current and permanent address; it may not request email addresses or telephone numbers. Strike 3 must attach the order and the attached notice to the subpoena.
Verizon Fios must notify John Doe and provide Doe with the subpoena, the order, and the notice within 60 days after the subpoena is served. Under the order, Doe has 30 days after service of the subpoena and order to file a motion challenging the subpoena, including a motion to quash or modify it, or to request permission to litigate anonymously. Verizon Fios may not disclose identifying information before that period ends, and it must wait for a further court order if Doe or Verizon Fios timely moves to quash. If no challenge is filed during the 30-day period, Verizon Fios has 10 days to provide the responsive information.
The order requires Verizon Fios to preserve the subpoenaed information and limits any information disclosed to Strike 3’s use in protecting its rights in the complaint. The order does not decide whether John Doe infringed Strike 3’s copyrights or impose liability for infringement.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.