Strike 3 Holdings, LLC v. Doe
- Lorna Schofield
- 1:24-cv-00646
- U.S. District Court · Southern District of New York
- 6
In Strike 3 Holdings v. Doe, Judge Schofield granted limited discovery to identify John Doe while protecting his privacy.
Strike 3 Holdings, LLC, John Doe, and Verizon Online LLC. Strike 3 may seek Doe’s name and address, while Doe receives notice, time to challenge the subpoena, and continued anonymity unless the court orders otherwise.
What happened
Strike 3 Holdings, LLC sued John Doe, alleging that he illegally downloaded or distributed copyrighted material. Because Strike 3 did not know Doe’s name or address, it asked to subpoena his Internet Service Provider, Verizon Online LLC, before the parties’ initial case-management conference.
The court allowed Strike 3 to seek Doe’s name and permanent address, but not his email address or telephone number. Doe may remain anonymous, and Verizon cannot disclose identifying information until 60 days after notice is served and any timely challenge to the subpoena is resolved.
Judge Lorna G. Schofield also barred Strike 3 from starting settlement discussions before serving the Complaint without court permission, required privacy and use restrictions, and ordered Strike 3 to file a status letter.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:24-cv-00646
- Lorna Schofield
- Feb. 13, 2024
Background
Strike 3 Holdings, LLC asked for permission under Federal Rule of Civil Procedure 26(d)(1) to serve a subpoena on John Doe’s Internet Service Provider, Verizon Online LLC. Strike 3 said the subpoena was needed to learn Doe’s identity, investigate his alleged role in copyright infringement, and serve him with the lawsuit. The notice attached to the order states that Strike 3 knew the Internet Protocol address associated with the alleged downloading or distribution but did not know Doe’s actual name or address.
Court’s analysis
The court applied a flexible reasonableness-and-good-cause standard for expedited discovery—discovery allowed before the usual initial conference between the parties. The court considered the limited and specific nature of the requested information, the apparent lack of another way to identify Doe or serve him, and privacy concerns. It noted particular concerns about the nature of the copyrighted material and the possibility that the Internet Service Provider could identify the wrong person.
Order
The court granted Strike 3’s motion for permission to serve a subpoena under Rule 45 on Verizon Online LLC to obtain Doe’s name and address. The subpoena may not seek Doe’s email address or telephone number.
Doe may proceed anonymously unless and until the court orders otherwise. Verizon must serve Doe with the subpoena, the order, and the attached notice within 60 days after receiving the subpoena. Doe then has 60 days after receiving that notice to file a motion challenging the subpoena, including a motion to cancel or change it. Verizon may not disclose identifying information before that period ends, or while a timely challenge by Doe or Verizon remains unresolved. Verizon must preserve the subpoenaed information during any such challenge.
The order also states that Strike 3 may not begin settlement discussions before serving the Complaint without court permission, although it may participate in settlement discussions if Doe begins them. Any information disclosed through the subpoena may be used only to protect Strike 3’s rights as described in the Complaint. Strike 3 must file a status letter by March 8, 2024, and the Clerk was directed to close Docket No. 9.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.