Strike 3 Holdings, LLC v. Doe
- Laura Swain
- 1:20-cv-07919
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. Doe, Judge Cott granted early discovery allowing Strike 3 to subpoena Verizon for the Doe subscriber’s name and address.
Strike 3 may seek John Doe’s name and address from Verizon, while John Doe receives notice and 60 days to challenge the subpoena or request anonymous treatment. Verizon must withhold and preserve the information during the specified period.
What happened
Strike 3 Holdings, LLC sued John Doe for alleged copyright infringement and asked to serve Verizon, the internet service provider identified in its motion, before the parties’ usual initial conference. Strike 3 said it needed the subscriber’s identity to learn whom to name as the defendant.
The court allowed Strike 3 to immediately serve Verizon with a subpoena seeking only the subscriber’s name and current or permanent address associated with IP address 173.56.54.232. The court also issued protections because of the risk of mistaken identification and possible embarrassment or undue burden.
Judge James L. Cott gave Doe and Verizon 60 days to challenge the subpoena or request anonymous treatment, barred Verizon from releasing identifying information during that period or while a timely challenge remained pending, and granted the application.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:20-cv-07919
- Laura Swain
- Oct. 30, 2020
Background
Strike 3 Holdings, LLC brought a copyright-infringement case against John Doe, identified in the caption as the subscriber assigned to Internet Protocol address 173.56.54.232. Strike 3 moved without advance notice to John Doe for permission to serve a subpoena before the parties’ required initial discovery conference. It sought information from Verizon Fios, the internet service provider identified in its motion, to determine John Doe’s identity.
The court said it had received the same application from Strike 3 in two prior related proceedings involving different Internet Protocol addresses. Rather than repeat its earlier analysis, the court incorporated that analysis and granted the application for the same reasons. The opinion’s footnote also described Strike 3 as having brought thousands of similar cases and noted that other judges in the district had recently granted identical applications.
Ruling and protective measures
The court granted Strike 3 permission to serve Verizon immediately with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may seek only John Doe’s name and current and/or permanent address associated with IP address 173.56.54.232; it may not seek additional information such as an email address or telephone number.
The court also issued a protective order. Strike 3 must provide Verizon and John Doe with the order, the incorporated October 9, 2019 decision, and a notice explaining the procedures. Verizon must notify John Doe within 60 days after the subpoena is served. John Doe then has 60 days from service of the subpoena to move to quash or modify it, or to request permission to litigate anonymously. If John Doe contests the subpoena, John Doe must notify Verizon, which may not release the identifying information while the challenge is pending.
Verizon must preserve the subpoenaed information and may not provide it to Strike 3 until the 60-day period expires or the court rules on a timely motion, whichever is later. If neither John Doe nor Verizon contests the subpoena, Verizon has 10 additional days to produce the responsive information. Strike 3 may use any information disclosed only to protect the rights asserted in its complaint. The clerk was directed to close Docket Number 6 and mark it as granted. Judge James L. Cott did not decide whether John Doe infringed copyright; this order addressed only early discovery and protections surrounding the subpoena.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.