Strike 3 Holdings, LLC v. Doe
- Victor Marrero
- 1:23-cv-02195
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Marrero authorized early subpoenas to identify the subscriber linked to an Internet address.
Strike 3 Holdings, LLC; John Doe, the subscriber assigned IP address 108.27.55.154; Verizon Fios; and any other Internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked to serve Verizon Fios with a subpoena before the parties’ required initial conference in Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 108.27.55.154.
The court found that Strike 3 Holdings had shown good cause and allowed it to seek the defendant’s true name and address from Verizon Fios. The order also allows subpoenas to other Internet providers identified through those responses.
Judge Victor Marrero required the subpoena to include the order and limited use of the information to protecting and enforcing the rights described in the complaint. If Verizon Fios qualifies as a cable operator, it must send the defendant a copy of the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-02195
- Victor Marrero
- Mar. 31, 2023
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena would be directed to Verizon Fios, identified in the order as the Internet service provider associated with the IP address listed in the complaint.
Court’s Analysis
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena before the Rule 26(f) conference. The order cites decisions addressing early subpoenas used to obtain identifying information.
Order
The court allowed Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45, a rule governing subpoenas, seeking the true name and address of the defendant to whom Verizon Fios assigned the specified IP address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The court also allowed Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants. If Verizon Fios qualifies as a cable operator under federal law, it must comply with the applicable disclosure requirement by sending the defendant a copy of the order. Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.