Strike 3 Holdings, LLC v. Doe
- Kenneth Karas
- 7:25-cv-03230
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Karas authorized an early subpoena seeking the defendant’s name and address from Verizon Fios.
Strike 3 Holdings, LLC may seek the identity and address of the John Doe defendant from Verizon Fios and potentially other identified internet service providers; the defendant may receive notice if the cable-operator disclosure provision applies.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 Holdings asked to serve a subpoena before the parties held the conference normally required by the federal civil rules. The defendant is identified as John Doe, a subscriber assigned the internet address 72.89.181.124.
The court found that Strike 3 Holdings had shown good cause and allowed it to serve Verizon Fios with a subpoena seeking the defendant’s true name and address. The order also allows subpoenas to other internet providers identified through that process.
Judge Kenneth Karas ordered that any disclosed information may be used only to protect and enforce Strike 3 Holdings’ rights described in its complaint. If Verizon Fios is legally a cable operator, it must notify the defendant by sending a copy of the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:25-cv-03230
- Kenneth Karas
- May 14, 2025
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The defendant is identified as John Doe, a subscriber assigned IP address 72.89.181.124. The proposed subpoena is directed to Verizon Fios, identified in the order as the internet service provider.
Court’s Ruling
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena before the Rule 26(f) conference. The court therefore authorized Strike 3 Holdings to serve Verizon Fios with a Federal Rule of Civil Procedure 45 subpoena requiring it to provide the defendant’s true name and address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The order also permits Strike 3 Holdings to serve a Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants. The order states that, if Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order as notice of the authorized disclosure.
Limits on Disclosure
Strike 3 Holdings may use information disclosed in response to the subpoena served on Verizon Fios only to protect and enforce the rights described in its complaint. The opinion does not otherwise describe the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.