Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC asked for permission under Federal Rule of Civil Procedure 26(d)(1) to serve a subpoena on Verizon Fios, identified as John Doe’s internet service provider. The subpoena sought information that could reveal John Doe’s identity so Strike 3 could identify and serve him. The notice to the defendant states that Strike 3 alleges John Doe illegally downloaded and/or distributed copyrighted material and that it knows the internet protocol address associated with the computer involved.

The request was for expedited discovery, meaning discovery before the parties’ usual early case-management conference. The court applied a reasonableness-and-good-cause standard and considered the specificity of the requested information, the lack of other apparent ways to obtain it, its importance to the case, the plaintiff’s initial showing of actionable harm, and the defendant’s privacy interest.

Ruling

The court found that Strike 3 was entitled to the subpoena. It granted the motion for leave to serve a subpoena under Rule 45 on the internet service provider for John Doe’s name and address. It did not permit Strike 3 to subpoena John Doe’s email address or telephone number.

The court allowed John Doe to proceed anonymously unless and until the court orders otherwise. The court noted privacy concerns arising from the nature of the copyrighted material and the risk that the internet provider could identify the wrong person. Strike 3 did not oppose allowing John Doe to enter a confidentiality agreement and continue anonymously toward resolving the case.

Procedures and deadlines

The internet service provider must serve John Doe with the subpoena, the order, and the attached notice within 60 days after the subpoena is served on the provider. John Doe then has 60 days after receiving the subpoena and order to file a motion challenging it, including a motion to quash or modify it. The provider may not disclose identifying information before that period expires. If John Doe or the provider timely files such a motion, disclosure must wait until the court addresses the issues and orders the provider to resume producing the information.

The provider must preserve the subpoenaed information while any timely challenge is pending. Any information disclosed may be used only to protect Strike 3’s rights described in its complaint. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission, although it may participate if John Doe initiates settlement discussions. The court also required a status letter by February 16, 2024, adjourned the initial pretrial conference to May 1, 2024, and directed the Clerk to close Docket No. 9.