Strike 3 Holdings, LLC v. Doe
- John Cronan
- 1:22-cv-06619
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Cronan authorized an early subpoena to identify the defendant from an assigned Internet address.
Strike 3 Holdings may seek John Doe’s true name and address from Spectrum and potentially other identified Internet service providers. John Doe is entitled to the notice described in the order if the provider qualifies as a cable operator, and the disclosed information may be used only for the purposes stated in the order.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 Holdings asked to subpoena Spectrum before the parties held their required early case-planning conference. The defendant was identified in the complaint only as John Doe, associated with Internet Protocol address 98.7.9.195.
The court found that Strike 3 Holdings had shown a sufficient reason to serve the subpoena. The subpoena may require Spectrum to provide the defendant’s true name and address. Strike 3 Holdings may also subpoena another Internet service provider identified through that process.
The order authorizes the subpoenas, subject to notice requirements if the provider is a cable operator and limits on using the information. Judge John P. Cronan did not decide the underlying claims in this order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-06619
- John Cronan
- Aug. 23, 2022
Background
Strike 3 Holdings moved for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The defendant is identified in the complaint as John Doe, a subscriber assigned Internet Protocol address 98.7.9.195. The proposed subpoena was directed to Spectrum, which the order calls the Internet service provider.
Court’s Analysis and Order
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena. The order therefore authorizes Strike 3 Holdings to serve Spectrum with a subpoena under Rule 45 requiring Spectrum to provide the defendant’s true name and address. A copy of the order must be attached to the subpoena.
The order also permits Strike 3 Holdings 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 Spectrum qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified. The order directs that a copy be sent to the defendant for that purpose.
Strike 3 Holdings may use information disclosed in response to a Rule 45 subpoena served on the Internet service provider only to protect and enforce the rights described in its complaint.
Disposition and Significance
The court authorized the requested early third-party subpoenas based on good cause. This order concerns discovery—the process of obtaining information for a lawsuit—and does not decide the underlying claims. Judge John P. Cronan signed the order on August 23, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.