Strike 3 Holdings, LLC v. Doe
- Paul Crotty
- 1:22-cv-02729
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Crotty authorized an early subpoena seeking the defendant’s identity from an internet provider.
Strike 3 Holdings, LLC, John Doe, Spectrum, and any other internet-service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC sued John Doe, identified in the complaint by an internet-protocol address, and asked to contact the internet provider before the usual early case conference.
The court found that Strike 3 Holdings had shown good cause to serve a subpoena on Spectrum, the internet provider, seeking the defendant’s true name and address. The court also allowed subpoenas to other internet-service providers identified through that process.
Judge Crotty ordered that any cable operator must notify the defendant of the order when required by federal law. Strike 3 Holdings may use the information only to protect and enforce the rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-02729
- Paul Crotty
- June 16, 2022
Background
Strike 3 Holdings, LLC filed a case against John Doe, described in the caption as the subscriber assigned Internet Protocol address 98.14.137.80. Strike 3 Holdings asked for permission to serve a subpoena on Spectrum before the parties held the conference ordinarily required by Rule 26(f) of the Federal Rules of Civil Procedure.
Court’s Analysis
The court found that Strike 3 Holdings had established “good cause” to serve a third-party subpoena. The subpoena may require Spectrum to provide the defendant’s true name and address. The court also authorized Strike 3 Holdings to serve the same type of subpoena on another internet-service provider identified in response to a subpoena as providing internet services to one of the defendants.
Order
The court authorized Strike 3 Holdings to serve a Rule 45 subpoena on Spectrum before the Rule 26(f) conference and required that a copy of the order be attached. If Spectrum qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending a copy of the order to the defendant. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.