Strike 3 Holdings, LLC v. Doe
- Lewis Kaplan
- 1:22-cv-03846
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. John Doe, Judge Cott allowed discovery from Spectrum to identify the subscriber tied to an IP address.
Strike 3 Holdings, LLC may seek John Doe’s name and current or permanent address from Spectrum. John Doe receives notice and 60 days to challenge the subpoena or request anonymity, while Spectrum must preserve the information and withhold it until the stated deadlines and any court ruling.
What happened
Strike 3 Holdings, LLC sued John Doe in a copyright-infringement case, but it did not know the defendant’s name or address. It asked to contact the internet service provider connected to IP address 108.176.145.68 before the parties’ initial conference.
The court granted Strike 3’s request to serve Spectrum with a subpoena for John Doe’s name and current or permanent address. The subpoena could not seek additional information, such as an email address or telephone number. The court also required notice to John Doe and gave John Doe 60 days to challenge the subpoena or request to remain anonymous. Spectrum could not release identifying information before that period ended or until the court ruled on any timely challenge.
Judge Cott issued the order and a protective order limiting use of any information disclosed to Strike 3. The order did not decide whether John Doe infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-03846
- Lewis Kaplan
- May 23, 2022
Background
Strike 3 Holdings, LLC brought a copyright-infringement case against John Doe, identified in the caption as the subscriber assigned to Internet Protocol address 108.176.145.68. Strike 3 said it needed to learn the defendant’s identity and asked for permission to serve a subpoena on Spectrum, the internet service provider identified in its motion, before the parties held their required initial conference.
The motion was made without first notifying John Doe. The court stated that it had granted the same type of request by Strike 3 in three earlier related proceedings and incorporated the analysis from those decisions rather than issuing another opinion.
Ruling
The court granted Strike 3’s application. It authorized Strike 3 to immediately serve Spectrum with a subpoena under Federal Rule of Civil Procedure 45 seeking only John Doe’s name and current and/or permanent address. Strike 3 could not request additional information, including an email address or telephone number.
The court also issued a protective order because of the risk of mistaken identification and the resulting risk of annoyance, embarrassment, oppression, or undue burden or expense. Strike 3 had to include the order, the incorporated October 9, 2019 decision, and a notice to the defendant with the subpoena.
Notice and deadlines
Spectrum had 60 days after receiving the subpoena to notify John Doe and provide the subpoena, the order, the incorporated decision, and the notice. John Doe then had 60 days from service of the subpoena to file a motion challenging it, including a motion to cancel or change the subpoena, or to ask to litigate anonymously. If John Doe contested the subpoena, John Doe had to notify Spectrum, which then could not release contact information until the court ruled.
Spectrum could not disclose John Doe’s identifying information before the 60-day period ended or before the court ruled on any timely motion, whichever was later. If neither John Doe nor Spectrum challenged the subpoena within that period, Spectrum would have 10 additional days to produce the responsive information. Any information disclosed could be used only to protect Strike 3’s rights stated in its complaint.
Effect of the order
The order allowed limited discovery to identify the defendant; it did not decide whether John Doe infringed copyright or resolve the underlying lawsuit. The clerk was directed to close Docket Number 7 and mark it as granted.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.