Strike 3 Holdings,LLC v. Doe

Background

Strike 3 Holdings, LLC sued a defendant identified as “John Doe” because the defendant’s name and address were not known. Strike 3 alleged that the defendant used the BitTorrent file-distribution network to infringe its copyrighted works. The complaint asserted copyright-infringement claims, and the opinion states that 28 U.S.C. § 1338 was cited in connection with those claims.

Request

Strike 3 asked for permission to file a motion under Federal Rule of Civil Procedure 26(d)(1) seeking leave to serve a third-party subpoena on the defendant’s internet service provider, Verizon Fios. The proposed discovery was intended to identify the subscriber associated with the internet protocol address allegedly used for the infringement. Strike 3 also requested that any initial scheduling conference be postponed, or not scheduled, until the defendant was identified and served.

Strike 3 argued that early discovery would be justified because it intended to show a preliminary claim of copyright infringement, make a specific discovery request, demonstrate that no alternative means existed to obtain the identifying information, establish the central importance of that information, and show that the defendant had only a limited expectation of privacy. These points were presented in support of a future motion for discovery.

Ruling

The court granted Strike 3’s request to file the motion. It directed Strike 3 to file a motion for a third-party subpoena on or before May 24, 2024, and directed the clerk to terminate the motion at ECF No. 6. The text does not state that the court issued the subpoena itself, ruled on the underlying infringement allegations, or decided whether the defendant was liable.