Strike 3 Holdings, LLC v. Doe
- Jesse Furman
- 1:23-cv-02187
- U.S. District Court · Southern District of New York
- 4
In Strike 3 Holdings v. Doe, Judge Furman granted leave for an expedited ISP subpoena while allowing Doe to proceed anonymously.
Strike 3 Holdings, LLC, John Doe, and the Internet service provider receiving the subpoena are affected. The order gives Strike 3 Holdings a way to seek Doe’s identity while protecting Doe’s anonymity and giving Doe an opportunity to challenge the subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an Internet Protocol address, alleging that Doe illegally downloaded or distributed copyrighted material. The company sought permission to subpoena Doe’s Internet service provider to learn Doe’s identity before the required initial conference.
The court granted Strike 3 Holdings’ request for an expedited subpoena to obtain Doe’s identity, but barred the company from seeking Doe’s email address or telephone number through that subpoena. The court also allowed Doe to remain publicly anonymous unless the court later orders otherwise and prohibited settlement discussions before the complaint is served unless the court gives permission.
Judge Jesse M. Furman gave Doe 60 days after receiving notice to challenge the subpoena, and barred the provider from disclosing identifying information during that period or while a timely challenge is pending. The order also extended the time to serve the complaint, required periodic status letters from Strike 3 Holdings, and limited any disclosed information to protecting the company’s rights in the lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-02187
- Jesse Furman
- Mar. 30, 2023
Background
Strike 3 Holdings, LLC filed a lawsuit against John Doe, described as the subscriber assigned Internet Protocol address 74.101.163.31. The attached notice states that the company alleges Doe illegally downloaded or distributed copyrighted material. The company did not identify Doe by name and asked for permission to serve a subpoena on Doe’s Internet service provider before the conference ordinarily required by Rule 26(f) of the Federal Rules of Civil Procedure.
Ruling on the subpoena
The court found that Strike 3 Holdings satisfied the requirements for serving a third-party subpoena on an expedited basis. It therefore granted the company’s motion for leave to serve the subpoena on Doe’s Internet service provider to obtain Doe’s identity. The court specifically stated that the company could not subpoena Doe’s email address or telephone number.
Anonymity and settlement restrictions
The court found substantial privacy concerns because of the nature of the copyrighted material at issue and the risk that the provider could identify the wrong person. It ordered that Doe may proceed anonymously unless and until the court orders otherwise. Strike 3 Holdings may not begin settlement discussions before serving the complaint without the court’s permission. If Doe begins settlement discussions, however, Strike 3 Holdings may participate and settle the case.
Notice and opportunity to challenge
The Internet service provider must serve Doe with the subpoena, the court’s order, and the attached notice within 60 days after the subpoena is served on the provider. Doe then has 60 days from service of the subpoena and order to file a motion challenging the subpoena, including a motion to cancel or change it. The provider may not disclose Doe’s identifying information before that period ends. If Doe or the provider timely files such a motion, the provider may not disclose information until the court resolves the issue and orders the provider to resume disclosure.
The subpoenaed entity must preserve the requested information while a timely challenge is pending. The provider must confer with Strike 3 Holdings and may not charge the company in advance for producing the information. If it charges production costs, it must provide a billing summary and cost report. Any information disclosed under the subpoena may be used only to protect Strike 3 Holdings’ rights as stated in its complaint.
Other case-management orders
The court extended Strike 3 Holdings’ deadline to serve the summons and complaint to 45 days after the company receives information from the provider. The company must also submit a letter of no more than two pages every 60 days until Doe answers or otherwise responds to the complaint. Each letter must describe the company’s efforts to obtain the necessary information and serve Doe. The court warned that failing to submit the letters on time may result in dismissal for failure to prosecute. The Clerk was directed to terminate Docket No. 11.
Disposition
Judge Jesse M. Furman granted Strike 3 Holdings’ motion for leave to serve the expedited third-party subpoena, subject to the stated restrictions and protections. The order did not decide whether Doe downloaded or distributed copyrighted material.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.