Strike 3 Holdings, LLC v. Doe
- Vargas
- 1:25-cv-06410
- U.S. District Court · Southern District of New York
- 4
In Strike 3 Holdings v. Doe, Judge Vargas allowed expedited ISP discovery but protected Doe’s anonymity and imposed notice and challenge procedures.
Strike 3 Holdings, LLC, John Doe, and Verizon Fios are directly affected. Strike 3 may seek Doe’s identity through an expedited subpoena but may not seek Doe’s email address or telephone number through that subpoena. Doe may remain anonymous and may challenge the subpoena within 60 days. Verizon must provide notice, preserve information, and withhold disclosure while the challenge period or any timely challenge remains unresolved.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an Internet Protocol address, alleging that Doe illegally downloaded or distributed copyrighted material. The court considered Strike 3’s request to subpoena Doe’s Internet Service Provider, Verizon Fios, before the required scheduling conference.
The court granted Strike 3 permission to serve an expedited subpoena seeking Doe’s identity, but not Doe’s email address or telephone number. Doe may remain anonymous unless the court orders otherwise. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission, although it may participate if Doe starts those discussions.
Judge Vargas required Verizon Fios to notify Doe and gave Doe 60 days to challenge the subpoena; Verizon may not disclose identifying information before that period ends or while a timely challenge is pending. Strike 3 must serve the complaint within 45 days after receiving information from the ISP and must file status letters every 60 days until Doe responds, or the case may be dismissed for failure to prosecute.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:25-cv-06410
- Vargas
- Aug. 19, 2025
Background
Strike 3 Holdings, LLC filed a motion for permission to serve a third-party subpoena on Defendant John Doe’s Internet Service Provider, Verizon Fios, before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The subpoena seeks information identifying Doe. The attached notice states that Strike 3 claims Doe illegally downloaded and/or distributed copyrighted material and that Strike 3 knows the Internet Protocol address associated with the alleged activity but may not know Doe’s actual name or address.
Ruling on the subpoena
The court granted Strike 3’s motion for permission to serve the expedited third-party subpoena, relying substantially on the reasons stated in a prior related proceeding. The subpoena may seek Doe’s identity, but it may not seek Doe’s email address or telephone number.
Anonymity and settlement discussions
The court found substantial privacy concerns because of the nature of the copyrighted material and the risk that the ISP could identify the wrong person. It ordered that Doe may proceed anonymously unless the court orders otherwise. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission. If Doe initiates settlement discussions, Strike 3 may participate and settle the case.
Notice and challenges
Verizon Fios has 60 days after being served with the subpoena to give Doe a copy of the subpoena, the order, and the attached notice. Doe then has 60 days after receiving notice of the subpoena and order to file a motion challenging it, including a motion to cancel or change the subpoena. Verizon may not disclose Doe’s identifying information before that 60-day period expires. If Doe or the ISP files a motion to cancel or change the subpoena, Verizon may not disclose information until the court resolves the issue and orders discovery to resume.
The subpoenaed entity must preserve the subpoenaed information while a timely challenge is pending. The ISP must confer with Strike 3 and may not charge a fee in advance of producing the requested information. If it charges production costs, it must provide Strike 3 with a billing summary and cost report. Any information disclosed under the subpoena may be used only to protect Strike 3’s rights described in its complaint.
Further case-management requirements
Strike 3’s deadline to serve the summons and complaint on Doe is extended to 45 days after Strike 3 receives the subpoenaed information. Every 60 days from the date of the order until Doe answers or otherwise responds, Strike 3 must submit a letter of no more than two pages describing its efforts to obtain the information from the ISP and serve Doe. The court stated that failing to submit those letters on time may result in dismissal for failure to prosecute. The Clerk was directed to terminate ECF No. 5.
Effect of the order
This order addresses expedited discovery, privacy, anonymity, and procedures for challenging the subpoena. It does not decide whether Doe infringed copyright or whether Strike 3 will ultimately prevail.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.