Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC brought this action against John Doe, whom the complaint identified as the subscriber assigned internet protocol address 100.33.138.57. The plaintiff moved for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f).

Court’s Analysis

The court found that Strike 3 Holdings had shown “good cause” for early discovery. The order authorized a subpoena under Rule 45 to Verizon Fios, identified as the internet service provider, seeking the defendant’s true name and address. Any subpoena had to include a copy of the order.

The court also authorized the plaintiff to serve a similar Rule 45 subpoena on another 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 it to follow 47 U.S.C. § 551(c)(2)(B). That provision permits disclosure of personal identifying information under a court order when the subscriber is notified of the order by the person receiving it. The order directed that a copy be sent to the defendant for that purpose.

Ruling and Limits

The court authorized the early subpoenas. It limited the plaintiff’s use of information obtained from a subpoena served on Verizon Fios to protecting and enforcing the rights asserted in the complaint. The order was entered on June 10, 2021, by Judge Kenneth Karas.