Strike 3 Holdings, LLC v. Doe
- John Cronan
- 1:22-cv-03850
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Cronan allowed early subpoenas to identify the defendant behind an internet address.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other internet service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe, identified as the subscriber assigned internet-protocol address 72.69.209.79. The opinion concerns Strike 3 Holdings’ request to obtain the defendant’s identity before the parties held the usual early case-management conference.
The court found good cause for Strike 3 Holdings to serve Verizon Fios with a subpoena requiring the provider to disclose the defendant’s true name and address. The company may also subpoena another internet provider identified in response. Any subpoena must include the court’s order.
Judge John Cronan also required notice to the defendant if the provider qualifies as a cable operator and limited use of the disclosed information to protecting and enforcing the rights described in the complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-03850
- John Cronan
- May 23, 2022
Background
Strike 3 Holdings, LLC sued John Doe, described in the caption as the subscriber assigned internet-protocol address 72.69.209.79. Strike 3 Holdings asked for permission to serve a third-party subpoena before the parties participated in a Rule 26(f) conference, the early conference at which parties ordinarily discuss the case and discovery.
Court’s Analysis
The court found that Strike 3 Holdings had established “good cause” to serve Verizon Fios, identified as the internet service provider. The order cited decisions holding that a plaintiff may obtain identifying information from an internet service provider at this stage when good cause is shown.
Order
The order permits Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 requiring it to provide the defendant’s true name and address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The order also permits Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing internet services to one of the defendants. If Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order to provide notice. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.
The court did not decide the underlying claims against John Doe. The opinion’s operative ruling is an early-discovery order permitting the subpoenas.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.