Strike 3 Holdings, LLC v. Doe
- Lewis Liman
- 1:22-cv-05849
- U.S. District Court · Southern District of New York
- 4
In Strike 3 Holdings v. Doe, Judge Liman granted early discovery so Strike 3 could seek John Doe’s identity from his internet provider.
Strike 3 Holdings, LLC may subpoena RCN for John Doe’s true name and current and permanent address. John Doe receives notice and 60 days to challenge or seek anonymity, while RCN must follow the court’s disclosure restrictions.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, claiming that Doe illegally distributed its copyrighted content. Strike 3 asked the court for permission to subpoena RCN, the internet provider associated with that address, before the parties’ required initial conference.
The subpoena may seek only Doe’s true name and current and permanent address. It may not seek additional information, such as an email address or telephone number. The court also required protections for Doe, including notice, time to challenge the subpoena, and the ability to ask to proceed anonymously.
Judge Lewis J. Liman granted Strike 3’s motion. If neither Doe nor RCN challenges the subpoena within the specified 60-day period, RCN must provide the requested information within 10 days, and Strike 3 may use it only to protect the rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-05849
- Lewis Liman
- Aug. 1, 2022
Background
Strike 3 Holdings, LLC sued John Doe, identified in the caption by the internet protocol address 207.237.164.107. Strike 3 claimed that Doe was illegally distributing its copyrighted content. Because Strike 3 did not know Doe’s identity, it moved under Federal Rule of Civil Procedure 26(d)(1) for permission to serve a subpoena before the parties held their required Rule 26(f) conference.
The requested subpoena was directed to RCN, the internet service provider identified in Strike 3’s motion. The court relied on the reasons stated in several of its earlier related proceedings and granted the motion.
Order and protections
The court authorized Strike 3 to serve RCN with a subpoena under Rule 45. The subpoena may request only John Doe’s true name and current and permanent address. It may not request other information, including an email address or telephone number. The subpoena must include a copy of the court’s order and the notice to the defendant.
The court ordered RCN to serve Doe with the subpoena, the order, and the notice within 60 days after the subpoena is served on RCN. Doe then has 60 days from service of the subpoena to file a motion challenging it, including a request to cancel or change the subpoena, or to request permission to litigate anonymously. If Doe challenges the subpoena, Doe must also notify RCN, which must not release Doe’s contact information to Strike 3 while the challenge is pending.
If neither Doe nor RCN challenges the subpoena during the 60-day period, RCN has 10 days to produce the responsive information. Strike 3 may use information disclosed under the subpoena only to protect the rights described in its complaint. The order also provides procedures for Doe to remain anonymous while seeking to prevent public disclosure of Doe’s identity. The clerk was directed to close the docket entry for Strike 3’s motion.
Disposition
Judge Lewis J. Liman granted Strike 3’s motion for permission to serve the early subpoena and ordered the stated notice, challenge, confidentiality, and use restrictions. The order addressed discovery needed to identify a defendant; it did not decide whether John Doe infringed Strike 3’s copyrights.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.