Strike 3 Holdings v. John Doe subscriber assigned IP address 96.232.186.88
- Philip Halpern
- 7:25-cv-07404
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Halpern authorized early subpoenas to identify the defendant from an internet address.
Strike 3 Holdings, LLC may seek the identity and address of John Doe from Verizon Fios and potentially other identified internet service providers. John Doe may receive notice if the cable-operator disclosure provision applies, and the disclosed information may be used only for the purposes stated in the order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to obtain the defendant’s name and address before the parties held their initial discovery conference.
The court found good cause for Strike 3 Holdings to subpoena Verizon Fios. The order also allowed subpoenas to other internet providers identified through the responses. If Verizon Fios qualifies as a cable operator, it must send the defendant a copy of the order before disclosing identifying information. Strike 3 Holdings may use the information only to protect and enforce the rights described in its complaint.
Judge Philip M. Halpern issued the order on September 29, 2025. The order authorizes the early subpoenas but does not decide whether Strike 3 Holdings will ultimately prevail in the lawsuit.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 96.232.186.88 · No. 7:25-cv-07404
- Philip Halpern
- Sept. 29, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Verizon Fios before the parties’ required Rule 26(f) conference. A third-party subpoena is a legal demand for information from someone who is not a party to the lawsuit. Strike 3 Holdings sought the defendant’s true name and address associated with the internet address listed in the complaint.
Court’s Ruling
The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena. The court authorized Strike 3 Holdings to serve Verizon Fios with a subpoena under Rule 45, requiring Verizon Fios to provide the defendant’s true name and address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The order also permits Strike 3 Holdings to serve the same type of subpoena on another internet service provider identified in response to a subpoena as providing internet services to one of the defendants.
If Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B). That provision permits disclosure of personal identifying information under a court order when the subscriber is notified of the order. The order therefore requires the plaintiff to send the defendant a copy of the order if that provision applies.
Limits on Disclosure
Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights asserted in its complaint.
Disposition and Significance
Judge Philip M. Halpern’s order authorizes early discovery to identify the defendant. It does not decide the merits of Strike 3 Holdings’ claims or determine whether the defendant is liable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.