Strike 3 Holdings, LLC v. Doe
- Victor Marrero
- 1:21-cv-02463
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Marrero authorized early subpoenas to identify the defendant linked to an internet address.
Strike 3 Holdings, LLC may seek John Doe’s name and address through subpoenas to Spectrum and potentially other identified internet service providers. John Doe is entitled to notice if the provider qualifies as a cable operator, and the disclosed information is limited to use in protecting and enforcing the rights stated in the complaint.
What happened
Strike 3 Holdings, LLC sued John Doe, identified in the complaint as the subscriber assigned internet address 74.71.27.229. The opinion addresses Strike 3 Holdings’ request to obtain Doe’s identity from Spectrum, the internet service provider.
The court found that Strike 3 Holdings had shown good cause to serve a third-party subpoena before the parties held the required initial meeting about the case. The subpoena may seek Doe’s true name and address, and a later subpoena may be served on another internet provider identified in the response.
Judge Victor Marrero also required notice to Doe if the provider is a cable operator and limited use of the information to protecting and enforcing Strike 3 Holdings’ rights stated in its complaint. The order did not decide the underlying dispute.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:21-cv-02463
- Victor Marrero
- Apr. 15, 2021
Background
Strike 3 Holdings, LLC sued a defendant identified as John Doe, described as the subscriber assigned Internet Protocol address 74.71.27.229. Strike 3 Holdings moved for permission to serve a subpoena on Spectrum before the parties’ required Rule 26(f) conference. The opinion does not identify the specific underlying claim beyond referring to the rights set forth in Strike 3 Holdings’ complaint.
Court’s Analysis
The court found that Strike 3 Holdings had established “good cause” to serve a third-party subpoena before the Rule 26(f) conference. The order relied on decisions including Arista Records, LLC v. Doe 3, Malibu Media, LLC v. John Does 1-11, and John Wiley & Sons, Inc. v. Doe Nos. 1-30.
Order
The court authorized Strike 3 Holdings to serve Spectrum with a Rule 45 subpoena requiring it to provide Doe’s true name and address. Strike 3 Holdings must attach the order to the subpoena. The court also authorized a Rule 45 subpoena to any other internet service provider identified in response to a subpoena as providing internet services to one of the defendants.
If Spectrum qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B) by sending Doe a copy of the order. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights stated in its complaint. The order granted permission to conduct this early discovery but did not resolve the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.