Strike 3 Holdings, LLC v. Doe
- Alvin Hellerstein
- 1:23-cv-04359
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Hellerstein authorized an early subpoena seeking the subscriber’s name and address from Verizon Fios.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any later-identified internet service provider served with a subpoena under the order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified as the subscriber assigned a specified Internet Protocol address, and asked to serve a subpoena before the parties’ required early conference. The subpoena was directed to Verizon Fios, the internet provider identified in the order.
The court found that Strike 3 Holdings had shown good cause and authorized it to serve a subpoena seeking the defendant’s true name and address. The order also allows subpoenas to later-identified internet service providers in the same manner.
Judge Alvin Hellerstein required special notice if Verizon Fios qualifies as a cable operator and limited use of the disclosed information to protecting and enforcing Strike 3 Holdings’ rights described in the complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-04359
- Alvin Hellerstein
- Aug. 22, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference generally required early in a federal lawsuit. The defendant is identified in the caption as John Doe, the subscriber assigned Internet Protocol address 74.101.199.37. The proposed subpoena was directed to Verizon Fios, identified as the internet service provider.
Court’s ruling
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena. It authorized Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. A copy of the order must accompany the subpoena.
The order also authorizes Strike 3 Holdings 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.
Privacy and use conditions
If Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B) 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.