Strike 3 Holdings, LLC v. Doe
- Jesse Furman
- 1:24-cv-03207
- U.S. District Court · Southern District of New York
- 4
In Strike 3 Holdings v. John Doe, Judge Furman granted expedited ISP subpoena discovery while preserving Doe’s anonymity and objection rights.
Strike 3 Holdings, LLC, the anonymous defendant John Doe, and the Internet Service Provider that receives the subpoena are affected. The order also directs Strike 3’s settlement, service, reporting, and use of information obtained through discovery.
What happened
Strike 3 Holdings, LLC sued an anonymous defendant identified as John Doe, associated with Internet Protocol address 98.116.246.67, alleging that copyrighted material was illegally downloaded or distributed. Strike 3 asked to subpoena Doe’s Internet Service Provider before the parties’ required initial conference to learn Doe’s identity.
The court granted permission to serve the expedited subpoena, but prohibited requests for Doe’s email address or telephone number. Doe may remain anonymous unless the court orders otherwise. The ISP must notify Doe and provide copies of the subpoena and order, and Doe has 60 days to challenge the subpoena. The ISP may not disclose identifying information before that period ends or while a timely challenge is pending.
Judge Jesse M. Furman also restricted settlement discussions before service of the complaint, extended Strike 3’s deadline to serve the complaint after receiving information from the ISP, and required status letters every 60 days. The order addressed discovery and case-management procedures; it did not decide whether Doe infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:24-cv-03207
- Jesse Furman
- May 20, 2024
Background
Strike 3 Holdings, LLC filed a letter motion seeking permission to serve a third-party subpoena on John Doe’s Internet Service Provider before the conference required by Rule 26(f) of the Federal Rules of Civil Procedure. The subpoena sought information identifying Doe. The case concerns Strike 3’s claim that copyrighted material was illegally downloaded or distributed using a computer associated with the listed Internet Protocol address.
Rulings on the subpoena
The court granted Strike 3’s motion for leave to serve the expedited subpoena, relying substantially on the reasons stated in a prior related proceeding. The court did not permit Strike 3 to subpoena Doe’s email address or telephone number.
The court also determined that substantial privacy concerns warranted allowing Doe to proceed anonymously as John Doe unless the court later orders otherwise. The concerns included the nature of the copyrighted material and the possibility that the ISP could identify the wrong person.
Notice and challenge procedures
The ISP has 60 days after service of the Rule 45 subpoena to serve Doe with the subpoena, the court’s order, and the attached notice. Doe has 60 days after receiving the subpoena and order to file a motion challenging the subpoena, including a motion to quash or modify it. The ISP may not disclose Doe’s identifying information before that period expires. If Doe or the ISP files a timely motion, disclosure must wait until the court addresses the issues and orders the ISP to resume providing the requested discovery.
The subpoenaed entity must preserve the subpoenaed information while a timely challenge is pending. The ISP must confer with Strike 3 and may not demand advance payment before providing the requested information. If it charges production costs, it must provide Strike 3 with a billing summary and cost report. Any information disclosed under the subpoena may be used only to protect Strike 3’s rights described in its complaint.
Other case-management directions
Strike 3 may not begin settlement discussions before serving the complaint unless the court grants permission. If Doe begins settlement discussions, Strike 3 may participate and settle the case. Strike 3’s deadline to serve the summons and complaint is extended to 45 days after it receives information from the ISP under the subpoena.
Strike 3 must submit a status letter of no more than two pages every 60 days until Doe answers or otherwise responds to the complaint. The letter must describe Strike 3’s efforts to obtain the necessary information from the ISP and serve Doe. The court warned that failing to submit the letters on time may result in dismissal for failure to prosecute. The Clerk was directed to terminate Docket No. 7.
Effect of the order
This order grants expedited discovery and establishes privacy, notice, challenge, and case-management procedures. It does not decide whether Doe downloaded or distributed copyrighted material, whether Strike 3’s claim is valid, or whether Doe is liable.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.