Strike 3 Holdings, LLC v. Doe
- Jesse Furman
- 1:22-cv-04727
- U.S. District Court · Southern District of New York
- 5
In Strike 3 Holdings v. Doe, Judge Furman granted expedited discovery from Doe’s internet provider while protecting Doe’s anonymity and right to challenge the subpoena.
Strike 3 Holdings, LLC, John Doe, and the internet service provider that receives the subpoena are affected. Strike 3 may seek Doe’s identity through expedited subpoena discovery, while Doe may remain anonymous and challenge the subpoena before any identifying information is disclosed.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 asked for permission to serve an early subpoena on Doe’s internet service provider to learn Doe’s identity. The lawsuit alleges that Doe illegally downloaded or distributed copyrighted material.
The court allowed the subpoena for information identifying Doe but prohibited Strike 3 from seeking Doe’s email address or telephone number through it. Doe may continue using the name John Doe unless the court orders otherwise.
Judge Jesse M. Furman also gave Doe 60 days after receiving notice to challenge the subpoena. The provider may not disclose identifying information before that period ends, or while a timely challenge is pending.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-04727
- Jesse Furman
- June 21, 2022
Background
Strike 3 Holdings, LLC filed a motion for permission to serve a third-party subpoena on Defendant John Doe’s internet service provider before the parties’ required initial conference under Federal Rule of Civil Procedure 26(f). Strike 3 sought to obtain Doe’s identity. The notice to Doe states that Strike 3 alleges Doe illegally downloaded or distributed copyrighted material and that Strike 3 knows the Internet Protocol address associated with the alleged activity.
The court relied substantially on its reasoning in a prior related proceeding involving a similar motion. It found that Strike 3 had met the requirements for serving the subpoena on an expedited basis. The court also recognized substantial privacy concerns because of the nature of the copyrighted material at issue and the possibility that the internet service provider could identify the wrong person.
Ruling and Procedures
The court granted Strike 3’s motion for permission to serve a third-party subpoena on Doe’s internet service provider to obtain Doe’s identity. The court did not permit Strike 3 to subpoena Doe’s email address or telephone number.
The court ordered that Doe may proceed anonymously as John Doe unless the court orders otherwise. The internet service provider must serve Doe with the subpoena, the order, and the attached notice within 60 days after the subpoena is served on the provider.
Doe has 60 days after receiving the subpoena and order to file a motion challenging the subpoena, including a motion to cancel or change it. The provider may not disclose Doe’s identifying information before that 60-day period ends. If Doe or the provider files a timely challenge, the provider may not disclose information until the court resolves the challenge and orders the provider to resume production. The provider must preserve subpoenaed information while a timely challenge is pending.
The court also ordered the provider to confer with Strike 3 about production costs, barred advance charges, and required a billing summary and cost report if the provider charges for production. Any information disclosed under the subpoena may be used only to protect Strike 3’s rights stated in its complaint. Judge Jesse M. Furman directed the Clerk of Court to terminate the motion docketed as ECF No. 7.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.