Strike 3 Holdings, LLC v. Doe
- Katherine Failla
- 1:23-cv-10469
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Failla allowed early subpoena discovery to identify the anonymous defendant.
Strike 3 Holdings, LLC may seek the identity and address of John Doe through subpoenas to Verizon Fios and potentially other identified Internet service providers; the defendant may receive notice, and the information’s use is limited.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an Internet address, and asked to subpoena Verizon Fios before the usual early case conference. The opinion does not decide the underlying claims.
The court found good cause for the request and authorized Strike 3 to serve Verizon Fios with a subpoena seeking the defendant’s true name and address. The subpoena must include the court’s order, and similar subpoenas may be served on other Internet providers identified in the response.
The order also required notice to the defendant if federal cable-privacy law applies and limited use of the information to protecting and enforcing the rights described in the complaint. Judge Failla directed the Clerk to terminate the pending motion.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-10469
- Katherine Failla
- Feb. 9, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The proposed subpoena would be directed to Verizon Fios, identified in the order as the Internet service provider, and would seek the true name and address of the defendant associated with the Internet address listed in the complaint.
Court’s Analysis and Order
The court found that Strike 3 had shown “good cause” for early discovery. It authorized Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must include a copy of the order. The court also authorized Strike 3 to serve the same type of subpoena on any other Internet service provider identified in response to a subpoena as providing Internet service to one of the defendants.
If Verizon Fios qualifies as a cable operator under federal law, the order requires it to follow the applicable privacy provision by sending a copy of the order to the defendant. Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
Disposition
The order authorized the requested early subpoena discovery. It directed the Clerk of Court to terminate the pending motion at docket number 8. The order did not decide the underlying claims or determine whether Strike 3 will ultimately prevail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.