Strike 3 Holdings, LLC v. Doe
- Analisa Torres
- 1:23-cv-03192
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. John Doe, Judge Cott granted discovery allowing Strike 3 to subpoena Verizon Fios for Doe’s identifying information.
Strike 3 Holdings, LLC may seek John Doe’s name and address from Verizon Fios. John Doe receives notice and a 60-day opportunity to challenge the subpoena or request anonymous treatment, while Verizon Fios must preserve the information and withhold it during the applicable review period.
What happened
Strike 3 Holdings, LLC sued John Doe for alleged copyright infringement and asked to subpoena Doe’s internet provider before the usual early case conference so it could learn Doe’s identity. The case is Strike 3 Holdings, LLC v. John Doe.
The court granted Strike 3 permission to immediately serve Verizon Fios with a subpoena seeking only Doe’s name and current or permanent address. Verizon must notify Doe, and Doe has 60 days to challenge the subpoena or ask to remain anonymous. Verizon cannot release the information during that period or while a timely challenge is pending.
Judge James L. Cott also limited how any disclosed information could be used and ordered additional notice and privacy protections. If no one challenges the subpoena within 60 days, Verizon will have 10 more days to provide the responsive information to Strike 3.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-03192
- Analisa Torres
- May 5, 2023
Background
Strike 3 Holdings, LLC brought a copyright-infringement case against John Doe, whose identity was not yet known. Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to seek discovery before the parties’ required early case conference. Specifically, it wanted to serve a subpoena on Verizon Fios, the internet service provider identified in its motion, to learn the identity of the subscriber associated with an Internet Protocol address.
The opinion says that the court had granted the same application in four prior related proceedings involving Strike 3, with the alleged Internet Protocol address being the only difference. Rather than repeat that analysis, the court incorporated its earlier reasoning and applied it here. The order does not decide whether John Doe actually infringed copyright.
Ruling and procedures
The court granted Strike 3’s application. Strike 3 may immediately serve Verizon Fios with a subpoena seeking John Doe’s name and current and/or permanent address. The subpoena may not request additional information, including an email address or telephone number. Strike 3 must provide Verizon and John Doe with copies of the order, the incorporated earlier decision, and a notice explaining Doe’s rights.
Verizon Fios has 60 days after being served with the subpoena to notify John Doe. John Doe then has 60 days from service of the subpoena to file a motion challenging the subpoena, including a request to quash or modify it, or to request permission to litigate anonymously. If Doe contests the subpoena, Doe must also notify Verizon so that Verizon does not release the information while the challenge is pending.
Verizon may not disclose Doe’s identifying information to Strike 3 before the 60-day period ends or before the court rules on any timely motion, whichever is later. If no one contests the subpoena during that period, Verizon has 10 additional days to provide the responsive information. Any information disclosed may be used only to protect Strike 3’s rights as stated in its complaint. The clerk was directed to close Docket Number 11 and mark it as granted.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.