Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:22-cv-03852
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Roman allowed early subpoena discovery to identify the defendant from an Internet address.
Strike 3 Holdings, LLC may obtain identifying information about John Doe from Optimum Online and potentially other identified Internet service providers; John Doe may receive notice of the order if the federal cable-privacy law applies.
What happened
Strike 3 Holdings, LLC sued John Doe, identified in the complaint by an Internet address. The opinion does not describe the underlying claims.
The court found good cause for Strike 3 to seek information before the parties' required early case-management meeting. It authorized a subpoena to Optimum Online requiring the provider to give Strike 3 the defendant's true name and address.
The order also allowed subpoenas to other Internet providers identified through that process. Judge Roman required notice to John Doe if federal cable-privacy law applied and limited use of the disclosed information to protecting and enforcing Strike 3's rights in the complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:22-cv-03852
- Nelson Roman
- June 2, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve a subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought the identity and address of John Doe, whom the complaint identified by the Internet address 75.99.200.156. The opinion does not describe the underlying claims beyond referring to the rights stated in the complaint.
Court’s analysis
The court found that Strike 3 had shown “good cause” to serve a subpoena on Optimum Online, identified as the Internet service provider. The order relied on decisions recognizing circumstances in which a plaintiff may obtain early discovery to identify an unknown defendant.
Order
The court authorized Strike 3 to serve Optimum Online with a subpoena requiring it to provide the true name and address of the defendant to whom the provider assigned the specified Internet address. Strike 3 must attach a copy of the order to the subpoena.
The court also authorized Strike 3 to serve the same type of subpoena on any other Internet service provider identified in response to a subpoena as providing Internet services to one of the defendants. If Optimum Online qualifies as a cable operator under federal law, it must comply with the law’s notice requirement by sending John Doe a copy of the order before disclosing personal identifying information. Strike 3 may use information obtained through the subpoena only to protect and enforce the rights stated in its complaint. The clerk was directed to terminate the motion at Electronic Court Filing No. 8.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.