Strike 3 Holdings, LLC v. Doe
- Clarke
- 7:25-cv-04673
- U.S. District Court · Southern District of New York
- 7
In Strike 3 Holdings v. Doe, Judge Clarke allowed expedited discovery so Strike 3 could identify the subscriber tied to an IP address.
Strike 3 Holdings may seek Doe’s name and address from Verizon to pursue the lawsuit. John Doe receives anonymity and time to challenge the subpoena, while Verizon must preserve the information and follow the disclosure procedures.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by the Internet Protocol address 96.248.58.60, alleging that Doe downloaded and distributed Strike 3’s copyrighted movies. Strike 3 asked to subpoena Verizon Online LLC, the internet service provider, for the subscriber’s name and address so it could identify and serve Doe.
The court found that Strike 3 had shown a likely copyright claim, made a specific request, lacked another way to obtain the information, needed it to continue the case, and that the subscriber’s privacy concerns could be addressed through protections. The subpoena may seek only the subscriber’s name and address—not a phone number or email address.
Judge Clarke granted Strike 3’s motion and issued procedures protecting Doe’s anonymity. Doe may challenge the subpoena within 60 days after receiving notice, and Verizon may not disclose identifying information before that period ends or while a timely challenge is pending.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:25-cv-04673
- Clarke
- June 20, 2025
Background
Strike 3 Holdings, LLC alleged that John Doe, identified only by Internet Protocol address 96.248.58.60, downloaded and distributed Strike 3’s copyrighted movies in violation of the Copyright Act. Strike 3 sought permission to serve a third-party subpoena on Verizon Online LLC, identified as Doe’s internet service provider, to obtain the subscriber’s name and address. Strike 3 said this information was needed to identify Doe, investigate the alleged infringement, and serve the lawsuit.
Expedited discovery
The court applied a flexible good-cause standard for expedited discovery, meaning discovery allowed before the normal schedule when justified. It considered whether Strike 3 had shown a preliminary copyright-infringement claim, whether the request was specific, whether other ways existed to obtain the information, whether the information was needed to advance the case, and the subscriber’s expectation of privacy.
The court found that Strike 3 had made a preliminary showing of infringement by describing its original copyrighted works and providing detailed analysis of the alleged copying, including dates and times. The court also found that the request was limited to the subscriber’s name and address, that Strike 3 had no reasonable alternative to the subpoena, and that the information was needed to serve Doe and pursue the case. Although the allegations involved adult movies and could cause embarrassment, the court found that the subscriber’s privacy interests were limited and could be partly protected by a protective order.
Ruling and procedures
Judge Jessica G. L. Clarke granted Strike 3’s motion for leave to serve the third-party subpoena. Strike 3 must include the order and the attached notice to Doe with the subpoena. The subpoena may not seek Doe’s phone number or email address.
The court issued a protective order allowing Doe to proceed anonymously unless the court orders otherwise. Strike 3 may not begin settlement discussions before serving the complaint unless the court gives permission, although it may participate if Doe initiates those discussions.
Verizon has 60 days after being served with the subpoena to notify Doe and provide Doe with the subpoena, the order, and the notice. Doe then has 60 days after receiving those materials to file a motion challenging the subpoena, including a request to cancel or change it. Verizon may not disclose identifying information before that period expires or while Doe or Verizon has a timely challenge pending. If no challenge is filed, Verizon has 10 days after the 60-day period to provide the subpoenaed information to Strike 3.
The order also requires Verizon to preserve the information, prohibits advance charges for producing it, limits any disclosed information to use in protecting Strike 3’s rights in this case, and requires Strike 3 to serve the summons and complaint within 45 days after receiving the information. Strike 3 must submit a status letter every 60 days until Doe answers or otherwise responds. The clerk was directed to terminate ECF No. 6. The order did not decide whether Doe infringed Strike 3’s copyrights.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.