Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The defendant was identified as “John Doe subscriber assigned IP address 96.232.110.129.” Strike 3 sought information from Verizon Fios, identified as the Internet service provider, to learn the defendant’s true name and address.

Court’s ruling

The court found that Strike 3 had established “good cause,” meaning a sufficient reason, to obtain the information before the normal start of discovery. The court granted permission for Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45. The subpoena could require Verizon Fios to provide the true name and address of the defendant associated with the Internet address listed in the complaint, and Strike 3 had to attach a copy of the order.

The court also allowed Strike 3 to serve the same type of subpoena on any other Internet service provider identified in response to a subpoena. If Verizon Fios qualified as a “cable operator” under federal law, it had to comply with the notice requirement for disclosing personal identifying information by sending a copy of the order to the defendant. Strike 3 could use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint.

Other directives and effect

The court required Strike 3 to serve the summons and complaint on the defendant by April 10, 2022. It directed the Clerk of Court to terminate the pending motions at docket numbers 9 and 11. This order addressed early identification and discovery procedures; it did not decide whether Strike 3 would prevail on the claims in its complaint. Judge Katherine Polk Failla signed the order as a United States District Judge.