Strike 3 Holdings, LLC v. Doe
- Nelson Roman
- 7:24-cv-00653
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings, LLC v. Doe, Judge Roman authorized Strike 3 to subpoena Spectrum before the required conference to identify the unknown defendant.
Strike 3 Holdings, LLC may seek the unknown defendant’s true name and address from Spectrum and other identified internet service providers. The John Doe subscriber may receive notice if the provider qualifies as a cable operator, and the disclosed information may be used only to protect and enforce the rights described in Strike 3’s complaint.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 Holdings asked to serve a subpoena before the parties’ required initial conference in the case.
The court found good cause and authorized Strike 3 to subpoena Spectrum, the internet service provider, for the defendant’s true name and address. Strike 3 may also subpoena another internet provider identified in response to the first subpoena.
Judge Roman ordered that any disclosed information be used only to protect and enforce Strike 3’s rights described in its complaint. If the provider is a cable operator, it must notify the subscriber by sending a copy of the order.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:24-cv-00653
- Nelson Roman
- Feb. 23, 2024
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant is identified in the case as John Doe, a subscriber assigned Internet Protocol address 69.206.80.213.
Court’s Order
The court found that Strike 3 had established “good cause” to serve a subpoena on Spectrum, identified as the internet service provider. The court authorized Strike 3 to serve a subpoena under Rule 45 requiring Spectrum to provide the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The court also authorized Strike 3 to serve a Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet services to one of the defendants.
If Spectrum qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B). Under that provision, disclosure of personal identifying information is permitted pursuant to a court order if the subscriber is notified. The order directs notification by sending a copy of the order to the defendant.
Limit on Use of Information
Strike 3 may use information disclosed in response to a subpoena served on the internet service provider only to protect and enforce the rights described in its complaint.
Disposition and Classification
The court authorized the requested early third-party discovery after finding good cause. The order does not decide whether Strike 3 will prevail on the underlying claims. It is classified as a procedural order because it concerns discovery before the Rule 26(f) conference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.