Strike 3 Holdings v. Doe
Strike 3 Holdings, LLC v. John Doe, subscriber assigned IP address 69.203.108.209
- Carter
- 1:25-cv-07399
- U.S. District Court · Southern District of New York
- 3
In Strike 3 Holdings v. John Doe, Judge Carter authorized subpoenas to identify the unnamed subscriber before the normal discovery conference.
Strike 3 Holdings, LLC may seek limited identifying information from Spectrum and potentially other internet service providers. The unnamed subscriber may challenge the subpoena, and the providers must provide notice, preserve information, and withhold disclosure while any challenge is pending.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to subpoena Spectrum before the parties held their normal discovery conference.
The court found good cause for early discovery. It allowed Strike 3 to seek the subscriber’s true name and address, but not a telephone number or email address, and allowed follow-up subpoenas to other identified internet providers.
The subscriber must receive notice and has 45 days to challenge the subpoena, while the provider must preserve the information and withhold it during any challenge. Judge Carter ordered these procedures and directed the clerk to terminate the motion.
The detailed version
- Strike 3 Holdings v. Doe · No. 1:25-cv-07399
- Carter
- Oct. 2, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a subpoena on Spectrum, the internet service provider identified in the order, before the parties held the conference normally used to plan discovery. The subpoena sought information to identify the John Doe defendant associated with the internet address listed in the complaint.
Ruling and Procedure
The court found that Strike 3 had shown “good cause” for the early subpoena. It authorized Strike 3 to serve Spectrum with a subpoena requiring the subscriber’s true name and address, but not the subscriber’s telephone number or email address. A copy of the order must accompany the subpoena. Strike 3 may also serve the same type of subpoena on another internet service provider identified in Spectrum’s response.
Within 15 days after receiving the subpoena, the provider must make a reasonable effort to identify the person associated with the internet address and give that person copies of the subpoena and this order. If the provider cannot identify the user with reasonable technical certainty, it must notify Strike 3’s lawyer in writing.
The subscriber has 45 days after service of the subpoena to file a motion challenging it, including a request to proceed anonymously. The provider may not disclose information to Strike 3 during that period. If the subscriber files no challenge, the provider must produce the information needed to respond to the subpoena within 10 additional days. If a challenge is filed, the provider must wait until the court resolves it and orders disclosure. The provider must preserve the information while any challenge is pending.
If Spectrum qualifies as a “cable operator” under the cited federal statute, it must notify the subscriber by sending a copy of this order. The provider may also move to cancel or object to the subpoena under Federal Rule of Civil Procedure 45, while protecting the subscriber’s identity in its court filings. Strike 3 may use any disclosed information only to litigate this case.
Disposition
The order authorized the requested early third-party subpoena procedures. It did not decide the underlying claims against John Doe. Judge Andrew L. Carter, Jr. directed the clerk to terminate Strike 3’s motion at docket entry 6.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.