Strike 3 Holdings, LLC v. Doe
- Victor Marrero
- 1:23-cv-11213
- U.S. District Court · Southern District of New York
- 2
Strike 3 Holdings v. Doe: Judge Marrero authorized an early subpoena to identify the defendant from an internet provider’s records.
Strike 3 Holdings, LLC, John Doe, Verizon Fios, and any other service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet address, and asked to subpoena Verizon Fios before the parties’ required early meeting.
The court found good cause and allowed Strike 3 Holdings to subpoena Verizon Fios for the defendant’s true name and address. The order also allows subpoenas to other internet providers identified in response.
Judge Marrero limited use of the information to enforcing the rights described in the complaint and required certain notice to the defendant if the provider qualifies as a cable operator.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-11213
- Victor Marrero
- Feb. 2, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a subpoena before the parties’ Rule 26(f) conference. The defendant is captioned as John Doe and is identified in the complaint by the internet address 96.224.38.48. The requested subpoena was directed to Verizon Fios, which the order calls the internet service provider.
Court’s ruling
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena early. It authorized Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 requiring the provider to disclose the defendant’s true name and address. A copy of the order must be attached to the subpoena.
The order also permits Strike 3 Holdings to serve the same type of subpoena on another service provider identified in response as providing internet service to one of the defendants. If Verizon Fios qualifies as a cable operator under federal law, it must comply with the notice requirement for disclosure of personal identifying information by sending a copy of the order to the defendant.
Limits on disclosure
Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The order does 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.