Strike 3 Holdings, LLC v. Doe
- Kenneth Karas
- 7:22-cv-08798
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Karas authorized a subpoena seeking the defendant’s name and address from Verizon Fios before a Rule 26(f) conference.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other internet service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe, whom the caption identifies by an internet-protocol address. The case is Strike 3 Holdings, LLC v. Doe, No. 7:22-cv-08798-KMK.
Strike 3 asked for permission to subpoena Verizon Fios before the parties held the required meeting about managing the case. The subpoena seeks the defendant’s true name and address and may also be served on another internet provider identified in response to a subpoena.
The court found good cause and authorized the subpoenas, subject to conditions on notice and use of the information. Judge Karas limited the information’s use to protecting and enforcing Strike 3’s rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:22-cv-08798
- Kenneth Karas
- Jan. 18, 2023
Background
Strike 3 Holdings, LLC filed a motion for permission to serve a third-party subpoena before the parties’ conference under Federal Rule of Civil Procedure 26(f). The defendant is identified in the caption as John Doe, a subscriber assigned internet-protocol address 72.89.239.98. Verizon Fios is identified as the internet service provider.
Ruling
The court found that Strike 3 had shown “good cause” to serve Verizon Fios with a Rule 45 subpoena before the Rule 26(f) conference. The subpoena may require Verizon Fios to provide Strike 3 with the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants.
Conditions on Disclosure and Use
If Verizon Fios qualifies as a “cable operator” under the cited federal statute, it must notify the defendant by sending a copy of the order when disclosing personal identifying information under the court-authorized subpoena. Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.
This is a discovery order authorizing early identification of the defendant. The opinion does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.