Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:22-cv-05856
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Roman allowed plaintiff to subpoena Verizon Fios for Doe’s identity before the discovery conference.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other internet service provider identified through the authorized subpoenas.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 asked for permission to subpoena Verizon Fios before the parties held the required discovery conference. The defendant was identified in the complaint by an internet address assigned by the provider.
The court found that Strike 3 had shown good cause. It authorized subpoenas seeking the defendant’s true name and address, and allowed similar subpoenas to other internet providers identified through that process. If Verizon Fios qualified as a cable operator, it had to send the defendant a copy of the order. Strike 3 could use the information only to protect and enforce the rights described in its complaint.
Judge Nelson Roman issued the order on August 4, 2022. The order authorized the early subpoenas and directed the clerk to terminate the motion; it did not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:22-cv-05856
- Nelson Roman
- Aug. 4, 2022
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference, the conference at which parties generally discuss the discovery process. The subpoena was directed to Verizon Fios, identified in the order as the internet service provider. The defendant was identified in the complaint as John Doe, the subscriber assigned the listed internet address.
Court’s ruling
The court found that Strike 3 had established good cause for early discovery. It authorized Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. Strike 3 had to attach a copy of the order to the subpoena.
The order also authorized Strike 3 to serve a similar Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet services to one of the defendants. If Verizon Fios qualified as a cable operator under 47 U.S.C. § 522(5), it had to comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order.
Limits and disposition
Strike 3 could use information disclosed in response to a subpoena served on Verizon Fios only to protect and enforce the rights described in its complaint. The clerk was directed to terminate the motion at ECF No. 8. The order addressed early discovery and did not decide the underlying claims.
Judge Nelson Roman issued the order on August 4, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.