Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC asked for permission to serve Verizon Online LLC with a subpoena before the parties’ required conference about the case. The subpoena seeks information about the person assigned the internet-protocol address identified in Exhibit A to the complaint. The opinion describes Strike 3’s allegations as involving the alleged unlawful downloading of adult movies.

Court’s analysis

The court found that Strike 3 had shown “good cause” for early discovery. It therefore authorized Strike 3 to serve Verizon with a subpoena seeking Doe’s true name and address. The subpoena may not seek Doe’s telephone number or email address.

The court required Strike 3 to attach the order to the subpoena. Within seven days after receiving each subpoena, Verizon must reasonably try to identify the John Doe defendant and provide Doe with copies of the subpoena and order. If Verizon cannot identify the user of the relevant internet-protocol address with reasonable technical certainty, it must notify Strike 3’s counsel in writing.

Verizon may move to cancel or otherwise object to the subpoena within 21 days after service. Doe also has 21 days after receiving the subpoena from Verizon to do so. If there is no objection, Verizon must submit the requested information to the court—not directly to Strike 3—within 21 days after notifying Doe. The submission must be made privately and under seal, and the court will disclose the information to Strike 3’s counsel. The disclosure may not include an email address or telephone number, and Strike 3 may use the information only to litigate this case.

Ruling

Judge Colleen McMahon found good cause for Doe to proceed anonymously because of the sensitive nature of the allegations. The court ordered that Doe’s true name and other identifying information not be publicly disclosed as the defendant until a further court order. Strike 3 and Verizon are prohibited from publicly disclosing that information without further court permission.