Strike 3 Holdings, LLC v. Doe
- Philip Halpern
- 7:24-cv-03214
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Halpern allowed a subpoena seeking the unnamed subscriber’s identity from Optimum Online.
Strike 3 Holdings, LLC, John Doe, Optimum Online, and any later-identified internet service provider subject to a subpoena.
What happened
Strike 3 Holdings, LLC sued an unnamed subscriber associated with a specified internet address and asked to learn the subscriber’s identity. The case is Strike 3 Holdings, LLC v. Doe.
The company asked for permission to serve Optimum Online, an internet service provider, with a subpoena before the parties’ required initial conference. The order found that Strike 3 Holdings had shown good cause for obtaining the subscriber’s name and address.
Judge Philip M. Halpern authorized the subpoena and allowed similar subpoenas to later-identified internet providers. The information may be used only to protect and enforce the rights described in the complaint, and the subscriber must receive notice if federal cable-privacy law requires it.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 7:24-cv-03214
- Philip Halpern
- May 21, 2024
Background
Strike 3 Holdings, LLC sued John Doe, identified in the caption as the subscriber assigned internet protocol address 69.123.240.218. Strike 3 Holdings moved for permission to serve a third-party subpoena before the parties’ conference required by Rule 26(f) of the Federal Rules of Civil Procedure.
Court’s Ruling
The court found that Strike 3 Holdings had established “good cause” to serve a subpoena on Optimum Online, identified as the internet service provider. The order authorizes Strike 3 Holdings to serve a subpoena under Rule 45 demanding the subscriber’s true name and address. A copy of the order must accompany the subpoena.
The order also permits Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants.
If Optimum Online qualifies as a cable operator under federal law, it must comply with the requirement that a subscriber receive notice of a court-authorized disclosure of personal identifying information. The order further limits Strike 3 Holdings’ use of information obtained through the subpoena to protecting and enforcing the rights described in its complaint.
Disposition and Classification
Judge Philip M. Halpern authorized early third-party subpoenas; the order did not decide the underlying claims. This is a procedural order concerning discovery.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.