Strike 3 Holdings v. Doe

Background

Strike 3 Holdings, LLC alleged that John Doe used the BitTorrent file-sharing network to directly infringe Strike 3’s copyrights. Strike 3 said it could identify the defendant only through an Internet Protocol address because the defendant’s name and address were unknown. According to Strike 3, Verizon Internet Services could use its records to identify the customer assigned that address.

Request

Under Federal Rule of Civil Procedure 26(d)(1), discovery ordinarily cannot begin before the parties hold a conference required by Rule 26(f), unless the court allows it. Strike 3 asked for permission to file a motion seeking an early subpoena to Verizon under that rule. Strike 3 also asked the court to delay any initial scheduling conference until the defendant was identified and served.

Strike 3 stated that its planned motion would address factors courts consider when allowing early discovery in anonymous copyright cases, including an initial showing of copyright infringement, a specific request, the lack of another way to obtain the information, the importance of the information, and the defendant’s limited expectation of privacy.

Ruling

Judge Loretta A. Preska granted the plaintiff’s request to file a motion seeking permission to issue the third-party subpoena. The Clerk was directed to close docket number 6. The order text provided does not clearly state a separate disposition of Strike 3’s request to delay the initial scheduling conference. The ruling allowed Strike 3 to seek the subpoena; it did not itself authorize the subpoena or identify John Doe.