Strike 3 Holdings v. Doe
- P. Castel
- 1:25-cv-07400
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Castel was asked to allow early discovery to identify the defendant.
Strike 3 Holdings, LLC seeks to identify and serve John Doe through information allegedly held by Verizon Fios. The text does not show any ruling affecting those parties.
What happened
Strike 3 Holdings, LLC sued an unidentified Internet subscriber, called John Doe, alleging that the subscriber used BitTorrent to infringe its copyrights. The filing says the plaintiff knows the subscriber only through an Internet Protocol address.
Strike 3 asks for permission to seek a subpoena to Verizon Fios before the parties’ required discovery-planning meeting. The subpoena would seek information identifying the subscriber. Strike 3 also asks to delay any initial scheduling conference until the defendant is identified and served.
The filing is addressed to Judge P. Kevin Castel, but the provided text does not show that Judge Castel issued a ruling. It therefore records a request, not a decision granting or denying that request.
The detailed version
- Strike 3 Holdings v. Doe · No. 1:25-cv-07400
- P. Castel
- Sept. 22, 2025
Nature of the Filing
The provided text is a letter from Jacqueline M. James, counsel for Strike 3 Holdings, LLC. It is a request for permission to file a motion seeking early discovery; it is not a judicial opinion or order, and the text does not state that the court ruled on the request.
Background
Strike 3 alleges that John Doe directly infringed its copyrights by using the BitTorrent file-distribution network. According to the filing, Strike 3 knows the defendant only by an Internet Protocol address. The filing identifies Verizon Fios as the Internet service provider that may have records connecting that address to a subscriber’s identity.
Requested Relief
Strike 3 asks for permission under Federal Rule of Civil Procedure 26(d)(1) to seek a third-party subpoena before the Rule 26(f) conference. The requested discovery would be directed to Verizon Fios and would seek information identifying John Doe. Strike 3 also asks the court to adjourn any initial Rule 16 scheduling conference, or not schedule one, until the defendant is identified and served.
Legal Standard Cited
The filing states that courts may permit discovery before the Rule 26(f) conference for good cause. It cites a five-factor approach used in Internet copyright cases: a preliminary showing of copyright infringement, a specific discovery request, no alternative way to obtain the information, a central need for the information, and a minimal expectation of privacy by the defendant. Strike 3 says it will address those factors in a later motion.
Status
The provided text contains no ruling by Judge P. Kevin Castel. It does not say that the request was granted, denied, or otherwise resolved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.