Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:23-cv-11233
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Roman allowed subpoenas seeking Doe’s identifying information before the usual discovery conference.
Strike 3 Holdings, LLC may seek John Doe’s identifying information from Optimum Online and qualifying service providers through authorized subpoenas. John Doe must be notified if the provider is a cable operator, and the information may be used only for the purposes stated in the order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to subpoena Optimum Online before the parties’ required discovery conference. The court found that Strike 3 had shown a sufficient reason to do so.
The order allows Strike 3 to subpoena Optimum Online for Doe’s true name and address. It also allows subpoenas to other internet providers identified through those responses. Any subpoena must include a copy of the order.
Judge Nelson Roman also required notice to Doe if the provider is a cable operator and limited use of the information to protecting and enforcing the rights described in Strike 3’s complaint. The order did not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:23-cv-11233
- Nelson Roman
- Jan. 30, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ required conference about preparing the case. The defendant is identified in the caption as John Doe, a subscriber assigned internet address 47.18.93.164. The proposed subpoena was directed to Optimum Online, identified as the internet service provider.
Court’s Analysis
The court found that Strike 3 had established “good cause” to serve the subpoena before the conference. The order authorized a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. The subpoena must include a copy of the order.
The order also permits Strike 3 to serve the same type of subpoena on another internet service provider identified in response as providing internet services to one of the defendants. If Optimum Online qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending Doe a copy of the order.
Ruling
Judge Nelson Roman granted Strike 3 permission to serve the authorized third-party subpoenas before the Rule 26(f) conference. The information obtained may be used only to protect and enforce Strike 3’s rights described in its complaint. The order addressed early discovery and did not decide the underlying claims against John Doe.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.