Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:20-cv-07930
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Roman allowed Strike 3 to subpoena Verizon Fios for the defendant’s name and address before the parties’ initial conference.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Verizon Fios and certain other service providers. John Doe may receive notice if the statutory cable-operator condition applies.
What happened
Strike 3 Holdings, LLC asked for permission to subpoena Verizon Fios before the parties held their initial required conference, seeking the name and address connected to the internet address identified in the complaint.
The court found that Strike 3 had shown good cause and allowed it to serve Verizon Fios with the subpoena. Strike 3 could also subpoena another internet service provider identified through that process.
Judge Nelson Roman required any disclosed information to be used only to protect and enforce the rights described in the complaint. If Verizon Fios qualified as a cable operator, it also had to notify the defendant by sending a copy of the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:20-cv-07930
- Nelson Roman
- Oct. 2, 2020
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena on Verizon Fios before the parties’ conference required by Federal Rule of Civil Procedure 26(f). A third-party subpoena is a court-authorized demand for information from someone or an entity that is not the opposing party. The subpoena sought the true name and address of the defendant associated with the internet protocol address listed in the complaint.
Ruling
The court found that Strike 3 had established “good cause” to serve the subpoena. The order allowed Strike 3 to serve Verizon Fios with a Rule 45 subpoena, attaching a copy of the order, and allowed Strike 3 to serve the same type of subpoena on another internet service provider identified in response to the first subpoena.
Conditions on disclosure
If Verizon Fios qualified as a “cable operator” under 47 U.S.C. § 522(5), the order required it to follow 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order to provide notice. Strike 3 could use information disclosed through the subpoena only to protect and enforce the rights described in its complaint. The clerk was requested to terminate the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.