Strike 3 Holdings, LLC v. Doe
- Katherine Failla
- 1:22-cv-10696
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. John Doe, Judge Failla allowed Strike 3 to subpoena Spectrum for the subscriber’s name and address while protecting the subscriber’s opportunity to object.
Strike 3 Holdings, LLC may seek John Doe’s name and address from Spectrum and potentially another identified internet service provider. John Doe receives notice and 60 days to challenge the subpoena or seek anonymous treatment; Spectrum must preserve the information and withhold it until the stated conditions are met.
What happened
In Strike 3 Holdings, LLC v. John Doe, Strike 3 asked to identify the subscriber assigned to Internet Protocol address 72.229.217.221. The notice says Strike 3 claims that the subscriber illegally downloaded or distributed movies, but the opinion does not decide whether that claim is true.
The court allowed Strike 3 to immediately serve Spectrum, the identified Internet service provider, with a subpoena seeking only the subscriber’s name and current or permanent address. Strike 3 may also subpoena another internet provider identified in response. Spectrum must notify the subscriber and provide an opportunity to object or ask to remain anonymous.
The subscriber has 60 days after receiving notice to challenge the subpoena or request anonymous treatment, and Spectrum may not release identifying information until that period ends or the court rules on a challenge. Judge Katherine Polk Failla directed the Clerk to terminate the pending motion.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-10696
- Katherine Failla
- Jan. 6, 2023
Background
Strike 3 Holdings, LLC sued John Doe, identified in the caption as the subscriber assigned Internet Protocol address 72.229.217.221. The notice to the defendant states that Strike 3 claims the defendant illegally downloaded or distributed movies. The opinion does not resolve that underlying claim.
Strike 3 filed a motion for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to Spectrum, identified as the relevant internet service provider. The court found that Strike 3 had shown “good cause” to serve the subpoena at that stage.
Order
The court authorized Strike 3 to immediately serve Spectrum with a Rule 45 subpoena seeking only the John Doe subscriber’s name and current and/or permanent address associated with the specified Internet Protocol address. Strike 3 may not request additional information, including an email address or telephone number. The subpoena must include a copy of the order and the attached notice to the defendant.
The court also authorized Strike 3 to serve a subpoena in the same manner on any other internet service provider identified in response to a subpoena as providing internet service to the defendant.
Notice and opportunity to object
If Spectrum qualifies as a cable operator under the cited federal statute, it must send the defendant a copy of the order. Spectrum has 60 days after being served with the subpoena to serve the defendant with the subpoena, the order, and the notice. The order permits Spectrum to use reasonable methods, including first-class mail or overnight service to the defendant’s last known address.
The defendant has 60 days after service of the subpoena to file a motion challenging it, including a motion to cancel or modify the subpoena, or to request permission to litigate anonymously. If the defendant contests the subpoena, the defendant must also notify Spectrum so that Spectrum does not release contact information while the challenge is pending.
Spectrum may not provide the identifying information to Strike 3 before the 60-day period expires or before the court rules on a timely challenge, whichever is later. If neither the defendant nor Spectrum contests the subpoena during that period, Spectrum has 10 days to produce the responsive information. Any information disclosed may be used only to protect Strike 3’s rights described in its complaint.
The notice also explains that the defendant may proceed anonymously while the court considers any challenge or request for anonymity. The Clerk of Court was directed to terminate the pending motion at docket entry 7.
Disposition and classification
This is a discovery and identification order, not a decision on whether John Doe infringed Strike 3’s rights. The court authorized the requested pre-conference subpoena subject to the stated limits, notice requirements, and opportunity to object.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.