Strike 3 Holdings, LLC v. Doe
- Paul Crotty
- 1:21-cv-03965
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Crotty allowed early subpoenas to identify the anonymous defendant and related internet-service providers.
Strike 3 Holdings, LLC may seek the John Doe defendant’s identifying information from Verizon Fios and potentially other identified internet-service providers. The John Doe defendant may receive notice if the provider qualifies as a cable operator, and the disclosed information is limited to use in protecting and enforcing the rights asserted in the complaint.
What happened
Strike 3 Holdings, LLC sued a defendant identified as John Doe by an internet address. It asked to subpoena Verizon Fios before the parties held their initial discovery-planning conference.
The court found that Strike 3 Holdings had shown good cause to obtain the information early. It allowed the company to subpoena Verizon Fios for the defendant’s true name and address and to subpoena another internet provider identified through that process.
The order also required certain disclosures and notice if the provider qualified as a cable operator, and limited use of the information to protecting and enforcing the rights asserted in the complaint. Judge Paul Crotty entered the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:21-cv-03965
- Paul Crotty
- May 19, 2021
Background
Strike 3 Holdings, LLC sued “John Doe,” identified in the caption as the subscriber assigned Internet Protocol address 108.29.45.190. The plaintiff moved for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference, which is the initial meeting about discovery.
Ruling
The court found that Strike 3 Holdings had established “good cause” to serve Verizon Fios, identified as the internet service provider. The court authorized the plaintiff to serve a subpoena under Federal Rule of Civil Procedure 45 requiring Verizon Fios to provide the defendant’s true name and address. The subpoena must include a copy of the order.
The court also authorized the plaintiff to serve a Rule 45 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 qualified as a “cable operator” under 47 U.S.C. § 522(5), the order required compliance with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending the defendant a copy of the order. The plaintiff may use information disclosed in response to the subpoena only to protect and enforce the rights asserted in the complaint.
Disposition
The court granted Strike 3 Holdings permission to serve the specified early subpoenas, subject to the stated conditions. The order did not decide the underlying claims against the defendant. Judge Paul Crotty issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.