Strike 3 Holdings, LLC v. Doe
- Gregory Woods
- 1:20-cv-06580
- U.S. District Court · Southern District of New York
- 3
In Strike 3 Holdings v. Doe, Judge Woods allowed early subpoena discovery from Verizon Fios to identify the subscriber linked to an IP address.
Strike 3 Holdings, LLC may seek the subscriber's identity from Verizon Fios under the authorized subpoena. Verizon Fios and the identified subscriber may object or move to quash, and any disclosed information is restricted to Strike 3 Holdings and its counsel absent further court permission.
What happened
Strike 3 Holdings, LLC asked to serve Verizon Fios with a subpoena before the parties held the required early case conference. The subpoena sought the name and address of the subscriber assigned to IP address 151.202.28.212.
The court found that Strike 3 Holdings met the required reasonableness and good-cause standard, including the heightened scrutiny applied because the request was made without advance notice to the other side. The court authorized the subpoena but did not decide the merits of any future challenge to it.
Judge Gregory H. Woods granted the motion for early discovery and set procedures for notice, objections, production, and confidentiality. Verizon Fios and the identified subscriber received specified periods to object, and Strike 3 Holdings could use the information only to protect and enforce rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:20-cv-06580
- Gregory Woods
- Sept. 1, 2020
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena on Verizon Fios before the parties conferred as required by Federal Rule of Civil Procedure 26(f). The subpoena sought the name and address of the subscriber identified by IP address 151.202.28.212. The defendant is identified in the caption as John Doe, subscriber assigned that IP address.
Legal standard
Rule 26(d) generally prohibits discovery before the Rule 26(f) conference unless a court authorizes it. The court applied a flexible reasonableness-and-good-cause standard, with particularly careful scrutiny because Strike 3 Holdings requested expedited discovery without advance notice to the opposing party. The court noted that Strike 3 Holdings relied on a test used in cases involving motions to protect a person's anonymity when challenging a subpoena, but stated that no motion to quash was before it and that the order did not decide the merits of any later motion to quash.
Ruling
The court found that Strike 3 Holdings satisfied the reasonableness-and-good-cause standard and granted its motion for leave to serve the subpoena before the Rule 26(f) conference.
The order provides that:
- Strike 3 Holdings may serve Verizon Fios with a subpoena under Rule 45, and its counsel must attach the order. - Within seven days after service, Verizon Fios must reasonably attempt to identify the subscriber and provide that person with the subpoena and the order. If Verizon Fios cannot identify the subscriber to a reasonable degree of technical certainty, it must notify Strike 3 Holdings' counsel. - Verizon Fios has 21 days after service to move to quash or otherwise object. The identified subscriber has 14 days after receiving the subpoena from Verizon Fios to do the same. - If there is no motion to quash or other objection, Verizon Fios must produce the requested information within 21 days after notifying the subscriber. - Strike 3 Holdings may use the disclosed information only to protect and enforce its rights described in the complaint. - The information may not be disclosed to anyone other than Strike 3 Holdings and its counsel without further court permission.
This was an order allowing early discovery; it did not resolve the underlying claims or any future challenge to the subpoena.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.