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LLC v. Doe
United States District Court, S.D. New York
January 16, 2020
STRIKE 3 HOLDINGS, LLC, Plaintiff,
JOHN DOE, subscriber assigned to IP address 188.8.131.52, Defendant.
A. ENGELMAYER UNITED STATES DISTRICT JUDGE
Court has reviewed Strike 3 Holdings, LLC's
(“Strike 3”) motion for leave to serve a
third-party subpoena prior to a Rule 26(f) conference, Dkt.
6, and the accompanying memorandum of law, Dkt. 7. Strike 3
has filed many other applications for third-party subpoenas
in factually similar cases, and every judge in this District
to address such an application has granted it. For the reasons
outlined in Strike 3's memorandum, the Court grants
Strike 3 leave to file a third-party subpoena on
Defendant's ISP in order to obtain Defendant's
identity. Strike 3 is not permitted to subpoena the
ISP for Defendant's email address or telephone number.
of the risk of false identification from Defendant's IP
address and the nature of the copyrighted material at issue,
the Court recognizes that Defendant has substantial privacy
interests. As a result, the Court orders the following:
1. It is ORDERED that Defendant may proceed anonymously as
John Doe unless and until the Court orders otherwise, subject
to the conditions described in the “Notice to
Defendant, ” which is attached as Exhibit A to this
2. It is therefore further ORDERED that Strike 3 shall not
initiate settlement discussions prior to service of the
Complaint without leave of Court. Nevertheless, if Defendant
initiates such discussions, Strike 3 is permitted to
participate therein and to settle the case.
3. It is further ORDERED that the ISP shall have 60 days from
the date of service of the Rule 45 subpoena upon it to serve
upon Defendant a copy of the subpoena, a copy of this Order,
and a copy of the “Notice to Defendant” attached
hereto as Exhibit A. The Order should be attached to the
“Notice to Defendant” such that the “Notice
to Defendant” is the first page of the materials
enclosed with the subpoena. The ISP may serve Defendant using
any reasonable means, including written notice sent to his or
her last known address, transmitted either by first class
mail or via overnight service.
4. It is further ORDERED that Defendant shall have 60 days
from the date of service of the Rule 45 subpoena and this
Order upon him to file any motions with this Court contesting
the subpoena (including a motion to quash or modify the
subpoena). The ISP may not turn over Defendant's
identifying information to Strike 3 before the expiration of
this 60-day period. Additionally, if Defendant or his ISP
files a motion to quash or modify the subpoena, the ISP may
not turn over any information to Strike 3 until the issues
have been addressed and the Court issues an order instructing
the ISP to resume in turning over the requested discovery.
5. It is further ORDERED that the subpoenaed entity shall
preserve any subpoenaed information pending the resolution of
any timely filed motion to quash.
6. It is further ORDERED that the ISP receiving a subpoena
pursuant to this Order shall confer with Strike 3 and shall
not assess any charge in advance of providing the information
requested in the subpoena. An ISP that receives a subpoena
and elects to charge for the costs of production shall
provide Strike 3 with a billing summary and cost report.
7. It is further ORDERED that any information ultimately
disclosed to Strike 3 in response to a Rule 45 subpoena may
be used solely for the purpose of protecting Strike 3's
rights as set forth in its Complaint.
8. It is further ORDERED that Strike 3's time to serve
the Summons and Complaint on Defendant is extended to 45 days
after Strike 3 receives the information from the ISP pursuant
9. Finally, it is hereby ORDERED that Strike 3 shall submit
to the Court, every 60 days from the Date of this Order until
Defendant files an answer or otherwise responds to the
Complaint, a status update in the form of a letter of not
more than two pages. The status letter must describe Strike
3's effort to obtain the necessary information from the
ISP and to serve Defendant. Failure to submit such letters in
a timely manner may result in dismissal of this action for
failure to prosecute.
Clerk of Court is directed to terminate the motion ...
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