Strike 3 Holdings, LLC v. Doe
- Vincent Briccetti
- 7:22-cv-10726
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Briccetti authorized an early subpoena to identify the Doe defendant from an assigned internet address.
Strike 3 Holdings, LLC may seek identifying information about John Doe from Verizon Fios and potentially other identified internet service providers. John Doe may receive notice if the cable-operator provision applies.
What happened
Strike 3 Holdings, LLC sued John Doe, identified in the complaint as the subscriber assigned internet address 71.190.136.176. The company asked to serve Verizon Fios before the parties held their required early case-management meeting.
The court found good cause and authorized Strike 3 Holdings to serve Verizon Fios with a subpoena seeking the defendant’s true name and address. The company may also subpoena another internet provider identified in response. Any information obtained may be used only to protect and enforce the rights asserted in the complaint. If Verizon Fios is a cable operator, it must notify the subscriber by sending a copy of the order.
Judge Vincent Briccetti issued the order. The ruling concerns early information gathering and does not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:22-cv-10726
- Vincent Briccetti
- Jan. 6, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The subpoena would be directed to Verizon Fios, identified as the internet service provider, and would seek the true name and address of the John Doe subscriber assigned internet address 71.190.136.176.
Ruling
The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena before the Rule 26(f) conference. It authorized the company to serve Verizon Fios with a subpoena under Rule 45, requiring Verizon Fios to provide the defendant’s true name and address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The court also authorized Strike 3 Holdings to serve the same type of subpoena on any other service provider identified in response as providing internet services to one of the defendants. If Verizon Fios 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 the defendant a copy of the order. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights asserted in its complaint.
Effect of the Order
This is an early discovery order. It permits Strike 3 Holdings to seek identifying information but does not determine the merits of the claims or otherwise resolve the case. Judge Vincent Briccetti issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.