Strike 3 Holdings, LLC v. Doe
- Lewis Kaplan
- 1:23-cv-07545
- 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 Spectrum for the defendant’s identifying information.
Strike 3 Holdings, LLC may seek John Doe’s name and address from Spectrum. John Doe receives a 60-day opportunity to challenge the subpoena or request anonymity, and Spectrum must withhold the information during that period or while a timely challenge is pending.
What happened
In Strike 3 Holdings, LLC v. John Doe, Strike 3 asked to serve a subpoena on internet provider Spectrum before the parties’ required discovery conference, seeking to identify the person associated with an Internet Protocol address in its copyright-infringement lawsuit. The court relied on its analysis from prior related proceedings.
The court granted Strike 3’s application and authorized a subpoena seeking John Doe’s name and current or permanent address, but not additional information such as an email address or telephone number. The court also issued protections because of the risk of mistaken identification.
Judge James L. Cott ordered Spectrum to notify John Doe and gave John Doe 60 days to challenge the subpoena or request anonymity. Spectrum may not disclose identifying information until that period ends or the court resolves any timely motion, whichever is later.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-07545
- Lewis Kaplan
- Sept. 7, 2023
Background
Strike 3 Holdings, LLC brought a copyright-infringement case against John Doe, identified in the caption as the subscriber assigned an Internet Protocol address. Strike 3 moved without notifying the opposing party for permission to serve a subpoena on the Internet service provider before the parties’ required discovery conference. Strike 3 sought the discovery to determine John Doe’s identity.
The court stated that it had considered the same application in six prior related proceedings and had granted each one. Rather than repeat that analysis, the court incorporated its reasoning from those decisions and granted Strike 3’s application.
Order
The court authorized Strike 3 to immediately serve a subpoena under Federal Rule of Civil Procedure 45 on Spectrum, the internet service provider identified in the motion. The subpoena may seek only John Doe’s name and current or permanent address. It may not seek additional information, including an email address or telephone number.
The court also issued a protective order because of the substantial risk that an incorrect identification could cause annoyance, embarrassment, oppression, or undue burden or expense.
Notice and challenge procedures
Spectrum must serve John Doe with the subpoena, the order, the incorporated earlier decision, and the attached notice within 60 days after the subpoena is served. John Doe then has 60 days from receiving the subpoena to file a motion challenging it, including a motion to cancel or modify the subpoena, or to request permission to litigate anonymously. If John Doe contests the subpoena, John Doe must also notify Spectrum so that Spectrum does not release contact information while the challenge is pending.
Spectrum may not disclose John Doe’s identifying information to Strike 3 until the 60-day period expires or the court rules on any timely motion, whichever is later. Spectrum must preserve the subpoenaed information while a timely challenge is pending. If neither John Doe nor Spectrum contests the subpoena within the 60-day period, Spectrum has 10 days to provide the responsive information to Strike 3. Any disclosed information may be used only to protect Strike 3’s rights in the lawsuit.
The clerk was directed to close Docket Number 8 and mark it as granted.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.