Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that John Doe, a subscriber associated with Internet Protocol address 108.27.222.17, illegally distributed its copyrighted content. Because Strike 3 did not know John Doe’s identity, it moved under Federal Rule of Civil Procedure 26(d)(1) for permission to serve a subpoena on Verizon Fios, the internet service provider identified in Strike 3’s motion, before the parties held the conference normally required at the beginning of discovery.

Ruling

The court granted the motion. It authorized Strike 3 to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking only John Doe’s true name and current and permanent address. The subpoena may not request additional information, including an email address or telephone number. The court stated that it would issue a protective order in connection with the subpoena.

Notice and deadlines

Verizon Fios must serve John Doe with the subpoena, the order, and the attached notice within 60 days after the subpoena is served on Verizon Fios. John Doe then has 60 days from service of the subpoena to file a motion challenging it, including a motion to cancel or change the subpoena, or to ask to litigate anonymously. If John Doe files such a motion, he must also notify Verizon Fios, which must not release his contact information to Strike 3 while the motion is pending.

If neither John Doe nor Verizon Fios challenges the subpoena within the 60-day period, Verizon Fios will have 10 days to provide the requested information to Strike 3. Any information disclosed may be used only to protect Strike 3’s rights described in its complaint. The order also states that John Doe may proceed anonymously while the court considers whether there is a basis to withhold his identity from the public.