Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The case identifies the defendant as John Doe, a subscriber assigned Internet Protocol address 72.89.241.189. The proposed subpoena was directed to Verizon Fios, which the order calls the Internet service provider.

Court’s Analysis

The court found that Strike 3 Holdings established “good cause” to serve the subpoena before the Rule 26(f) conference. The order cited Second Circuit and Southern District of New York decisions concerning this type of early discovery. The opinion did not decide the underlying claims against John Doe.

Ruling

The court authorized Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. The subpoena must include a copy of the order. Strike 3 Holdings may also serve the same kind of subpoena on another Internet service provider identified in response to a subpoena as providing Internet services to one of the defendants.

If Verizon Fios qualifies as a “cable operator” under the cited federal statute, it must comply with the statute’s notice requirement by sending a copy of the order to the defendant. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.