Strike 3 Holdings, LLC v. Doe
- John Cronan
- 1:21-cv-00265
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Cronan authorized subpoenas to identify the defendant before the required discovery conference.
Strike 3 Holdings may seek John Doe’s name and address from Verizon Fios and certain other service providers; John Doe is entitled to notice in the circumstances described in the order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an Internet Protocol address, and asked to subpoena Verizon Fios before the parties’ required discovery conference.
The court found good cause for early discovery and authorized a subpoena seeking the defendant’s true name and address. It also authorized subpoenas to other identified Internet service providers if necessary.
The order limited use of the information to protecting and enforcing Strike 3 Holdings’ rights in the complaint and required subscriber notice in certain circumstances. Judge John Cronan issued the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:21-cv-00265
- John Cronan
- Feb. 9, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The defendant was identified in the caption as John Doe, a subscriber assigned Internet Protocol address 71.251.15.245. The requested third party was Verizon Fios, which the order calls the Internet service provider.
Court’s analysis
The court found that Strike 3 Holdings had shown “good cause” to seek early discovery. The order authorized a Rule 45 subpoena requiring Verizon Fios to provide the defendant’s true name and address. A Rule 45 subpoena is a formal demand for information directed to a nonparty.
The court also authorized Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants. Each subpoena had to include a copy of the order.
Ruling and limits
The order required additional notice if Verizon Fios qualified as a cable operator under federal law: Verizon Fios had to send the defendant a copy of the order when disclosure was authorized under the cited statute. Strike 3 Holdings could use information obtained from the Verizon Fios subpoena only to protect and enforce the rights asserted in its complaint. Judge John Cronan issued the order authorizing this early discovery.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.