Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC sued a John Doe defendant whose name and address were not known. The plaintiff alleged that the defendant used an Internet address and the BitTorrent file-distribution network to commit direct copyright infringement. Strike 3 stated that it owned copyrights to movies distributed through its subscription-based adult websites.

Because the defendant was known only through an Internet Protocol address, Strike 3 sought limited discovery from the Internet service provider, Verizon Fios. The plaintiff said the provider’s records could connect the address to the subscriber and that such records might be kept only for a short time.

Request

Strike 3 asked for permission to serve a third-party subpoena before the parties held the discovery conference ordinarily required by Federal Rule of Civil Procedure 26(f). It also asked the court to delay any initial scheduling conference until the defendant was identified and served.

The plaintiff argued that there was good cause for early discovery because it would present an initial showing of copyright infringement, make a specific request, show that no alternative source for the identifying information existed, establish that the information was central to the case, and show that the defendant had only a limited expectation of privacy.

Ruling

The court granted the plaintiff’s motion to serve a third-party subpoena. The order cites Federal Rule of Civil Procedure 26(a)(1), although the plaintiff’s request and supporting discussion referred to Rule 26(d)(1). The court also ordered that an initial Rule 16 scheduling conference would not be scheduled until sometime after the defendant had answered. The clerk was directed to terminate the motion at ECF No. 6.