Strike 3 Holdings, LLC v. Doe
- Katherine Failla
- 1:23-cv-07543
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Failla authorized early subpoenas to identify the anonymous subscriber.
Strike 3 Holdings, LLC may seek the identity and address of the anonymous subscriber from Spectrum and potentially other internet service providers. John Doe may receive notice if the provider is a cable operator.
What happened
Strike 3 Holdings, LLC sued an unknown subscriber identified by an internet-protocol address and asked to serve a subpoena before the parties held their required initial case conference.
The subpoena seeks the subscriber’s true name and address from Spectrum, the internet service provider. The order also allows subpoenas to other internet providers identified through those records, and limits use of the information to protecting and enforcing Strike 3 Holdings’ rights in this case.
Judge Katherine Failla found good cause and authorized the subpoenas. The order also requires additional notice if the provider is a cable operator and directed the Clerk to terminate the motion.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-07543
- Katherine Failla
- Sept. 7, 2023
Background
Strike 3 Holdings, LLC sued John Doe, identified in the caption as the subscriber assigned internet-protocol address 74.71.108.225. Strike 3 Holdings asked for permission to serve a third-party subpoena before the parties held the initial conference required by Rule 26(f).
Court’s Analysis and Order
The court found that Strike 3 Holdings had shown “good cause” to serve a subpoena on Spectrum, identified as the internet service provider. The court authorized a subpoena under Rule 45 seeking the defendant’s true name and address. A copy of the order must be attached to the subpoena.
The order also authorizes Strike 3 Holdings to serve a similar subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants. If the provider qualifies as a cable operator under federal law, it must send the defendant a copy of the order to provide the required notice.
Strike 3 Holdings may use information disclosed in response to a subpoena served on the internet service provider only to protect and enforce the rights asserted in its complaint. The Clerk of Court was directed to terminate the motion at docket entry 7. Judge Katherine Polk Failla entered the order on September 7, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.