Strike 3 Holdings, LLC v. Doe
- Katherine Failla
- 1:21-cv-03963
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Failla authorized subpoenas seeking the defendant’s name and address from internet service providers.
Strike 3 Holdings, LLC may obtain identifying information about John Doe from Verizon Fios and potentially other identified internet service providers. John Doe may receive notice if the provider is subject to the federal cable-privacy provision, and the information may be used only for the purposes stated in the order.
What happened
Strike 3 Holdings, LLC sued a defendant identified as John Doe, whose internet address was listed in the complaint. Strike 3 asked to subpoena Verizon Fios before the parties held the required early case-management conference.
The court found that Strike 3 had shown good cause and authorized a subpoena seeking the defendant’s true name and address. The order also allowed subpoenas to other internet service providers identified through the responses.
The subpoenaed provider must notify the defendant if federal cable-privacy law applies, and Strike 3 may use the information only to protect and enforce the rights described in its complaint, according to Judge Failla.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:21-cv-03963
- Katherine Failla
- May 12, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held a Rule 26(f) conference. The defendant was identified as John Doe, a subscriber assigned the internet address 100.38.251.54. The proposed subpoena was directed to Verizon Fios, identified in the order as the internet service provider.
Court’s ruling
The court found that Strike 3 had established “good cause” to serve the subpoena. It authorized Strike 3 to serve Verizon Fios with a subpoena under Rule 45 requiring it to provide the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The order also authorizes Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet service to one of the defendants.
Privacy condition and permitted use
If Verizon Fios qualifies as a “cable operator” under federal law, it must comply with the applicable privacy provision by sending the defendant a copy of the order. Strike 3 may use information disclosed in response to a subpoena served on the internet service provider only to protect and enforce the rights described in its complaint.
Disposition
The order provides the requested permission to serve the described third-party subpoenas before the Rule 26(f) conference. It does not decide the underlying claims against John Doe.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.