Strike 3 Holdings, LLC v. Doe
- Philip Halpern
- 7:24-cv-00655
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. John Doe, Judge Halpern allowed subpoenas to identify the internet subscriber linked to the listed IP address.
Strike 3 Holdings, LLC may seek John Doe’s identity and address from Verizon Fios and other identified internet service providers. John Doe may receive notice if the cable-privacy statute applies, and the disclosed information is restricted to use in protecting and enforcing the rights asserted in the complaint.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet protocol address. The opinion concerns the company’s request to obtain the subscriber’s identity from the internet provider.
The court found good cause to allow Strike 3 Holdings to serve Verizon Fios with a subpoena before the parties’ required early case-management conference. The subpoena may seek the defendant’s true name and address, and similar subpoenas may be served on other identified internet providers.
Judge Philip M. Halpern 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. The order did not decide whether the defendant was liable.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:24-cv-00655
- Philip Halpern
- Feb. 12, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant was identified in the complaint as John Doe, the subscriber assigned internet protocol address 162.83.230.203.
Ruling
The court found that Strike 3 Holdings had shown “good cause” for early discovery. It authorized Strike 3 Holdings to serve Verizon Fios with a subpoena under Rule 45 seeking 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 any 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 47 U.S.C. § 522(5), the order directs it to comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending a copy of the order to the defendant before disclosing personal identifying information.
Limit on Use of Information
Strike 3 Holdings may use information obtained through the subpoena served on Verizon Fios only to protect and enforce the rights asserted in its complaint.
Effect of the Order
This is an early-discovery order. It authorizes efforts to identify John Doe but does not decide the merits of Strike 3 Holdings’ claims or whether John Doe is liable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.