Strike 3 Holdings, LLC v. Doe
- Vyskocil
- 1:22-cv-08786
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Vyskocil granted Strike 3 Holdings permission to subpoena Spectrum for the John Doe defendant’s name and address.
Strike 3 Holdings, LLC may seek John Doe’s name and address from Spectrum, subject to the order’s conditions; Spectrum must receive the order with the subpoena and comply with the stated statutory requirement if applicable.
What happened
Strike 3 Holdings, LLC alleged that a Spectrum customer using a specified internet address illegally downloaded its copyrighted works. It asked to identify that customer before the parties’ required initial conference.
The court found good cause for early discovery and granted the motion. Strike 3 Holdings may serve Spectrum with a subpoena seeking the name and address of the person assigned the internet address, and it must give Spectrum a copy of the order.
Judge Mary Kay Vyskocil limited use of the information to prosecuting this case and directed the Clerk to terminate the pending motion.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-08786
- Vyskocil
- Jan. 13, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve Spectrum, an internet provider, with a third-party subpoena. A subpoena is a legal demand for information. The company sought the name and address of the Spectrum customer assigned internet address 98.13.181.76. The complaint alleged that the customer, identified as John Doe, illegally downloaded Strike 3 Holdings’ copyrighted works.
The request sought discovery before the parties’ conference required by Federal Rule of Civil Procedure 26(f). Strike 3 Holdings argued that Spectrum was the only entity able to connect the internet address associated with the alleged downloads to a real-world person.
Court’s analysis
The court applied the standard for expedited discovery, meaning discovery allowed before the usual schedule. It found that Strike 3 Holdings had shown good cause because:
- the complaint made a preliminary showing of a copyright-infringement claim; - the request was limited to the identity and address of one person; - Spectrum was the only entity identified as able to provide that information; - the information was needed for the claims to proceed against John Doe; and - the defendant’s privacy interest was outweighed by Strike 3 Holdings’ ability to pursue the alleged copyright violation.
Order
The court granted the motion. Strike 3 Holdings may serve Spectrum with a Federal Rule 45 subpoena seeking the name and address of the defendant to whom Spectrum assigned the internet address identified in the complaint. Strike 3 Holdings must serve Spectrum with a copy of the court’s order at the same time as the subpoena. If Spectrum qualifies as a cable operator under the cited federal statute, it must comply with the applicable disclosure requirement.
The court also ordered that Strike 3 Holdings may use information disclosed through the subpoena only to prosecute its claims in this action. The Clerk of Court was directed to terminate the motion listed at docket entry 6. Judge Mary Kay Vyskocil signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.