Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC sued a defendant identified as “John Doe,” described as the subscriber assigned Internet Protocol address 72.226.65.157. The complaint alleges that the subscriber illegally downloaded and/or distributed movies in digital form. Strike 3 did not know the defendant’s actual name or address and moved for permission to serve Spectrum with a subpoena before the parties’ Rule 26(f) conference, the meeting ordinarily used to plan discovery.

Ruling

The court granted the motion to the extent stated in the order. Within 14 days, Strike 3 may serve Spectrum with a subpoena under Rule 45 seeking only John Doe’s name and address. The subpoena must include the complaint, the order, and a court-approved “Notice to Subscriber.” Strike 3 may not seek other information, including a telephone number or email address.

Within 60 days after receiving the subpoena, Spectrum must send the subpoena, complaint, order, and notice to the subscriber or subscribers it determines are associated with the specified Internet Protocol address. Spectrum must tell Strike 3 when and how it delivered the materials and any information it has about whether they were received. Spectrum may not disclose the subscriber’s name or address to Strike 3 unless the court later permits it.

After delivery, the subscriber has 60 days to ask the court to quash, meaning cancel, or modify the subpoena. Spectrum must preserve the subpoenaed information while any timely challenge is pending. If the 60-day challenge period expires without a challenge, Strike 3 may notify the court and request an order requiring Spectrum to release the information. The order states that the court expects to direct release within 21 days after that request, although Spectrum may file its own motion to quash during the relevant periods.

Confidentiality and case status

Any information ultimately disclosed may be used only to protect Strike 3’s rights described in the complaint. The case must remain in the name of “John Doe” unless the court orders otherwise. Strike 3 may not publicly file identifying information, must file documents containing it in redacted form with unredacted versions under seal, and may not disclose the information to others.

The notice states that the subscriber does not have to answer the complaint at this stage. It explains that, if the subscriber does not challenge the subpoena, Strike 3 may obtain the name and address and serve the complaint. The order concerns pretrial identification and notice procedures; it does not decide the truth of the allegations or the merits of Strike 3’s claims. Judge Gabriel W. Gorenstein issued the order.