Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:21-cv-03977
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Roman allowed Strike 3 to subpoena Verizon Fios for Doe’s name and address before discovery began.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other internet service provider identified in response to the subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe, Strike 3 asked to serve Verizon Fios with a subpoena before the parties held their required early case-management meeting. Strike 3 said it had good cause to seek the identity of the person using the listed internet address.
The court allowed Strike 3 to subpoena Verizon Fios for the true name and address of the subscriber assigned that address. Strike 3 may also subpoena another internet provider identified in response to the first subpoena.
The order requires certain notices and limits use of the information to protecting and enforcing Strike 3’s rights in this case. Judge Nelson S. Roman also directed the clerk to terminate the motion.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:21-cv-03977
- Nelson Roman
- May 13, 2021
Background
Strike 3 Holdings, LLC sued John Doe, identified in the complaint by the internet protocol address 98.113.233.23. Strike 3 moved for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). That conference generally occurs early in a civil case and addresses the case’s discovery process.
Ruling
The court found that Strike 3 had shown “good cause” to serve a subpoena on Verizon Fios, identified as the internet service provider. The court permitted Strike 3 to serve a subpoena under Federal Rule of Civil Procedure 45 requiring Verizon Fios to provide the true name and address of the defendant to whom it assigned the internet protocol address identified in the complaint. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on any other 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 law, it must comply with the law’s notice requirement by sending a copy of the order to the defendant.
Limits and Disposition
Strike 3 may use information disclosed in response to the subpoena served on Verizon Fios only to protect and enforce its rights described in the complaint. The clerk was directed to terminate the motion listed at Electronic Court Filing No. 8. The opinion is a discovery-related procedural order; 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.