Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 73.72.101.130
| Strike 3 Holdings, LLC |
| JOHN DOE subscriber assigned IP address 73.72.101.130 |
| 1:2021cv04751 |
| September 7, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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| Filing 8 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's "Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference" #6 . Plaintiff seeks expedited discovery in the form of a subpoena seeking to identify the currently unidentified defendant ("John Doe"). Under Rule 26(f) of the Federal Rules of Civil Procedure, a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f). Fed. R. Civ. P. 26(d); Dallas Buyers Club LLC v. Does 1-26, 14-cv-360, 2014 WL 1612251 at *1 (E.D. Wis. Apr. 22, 2014). But courts can allow expedited discovery before a Rule 26(f) conference if, after consideration of all the surrounding circumstances, the movant shows good cause for the request and the request is reasonable. Id.; Malibu Media, LLC v. Doe, 13-cv-8484, 2014 WL 1228383 at *3 (N.D. Ill. Mar. 24, 2014). Other courts have recognized a similar, if more faceted, five-part test from Sony Music Entm't Inc. v. Doe 1-40, 326 F. Supp. 556 (S.D.N.Y. 2004) as the appropriate standard governing requests for expedited discovery. This five-part test requires (1) a prima facie claim of actionable harm, (2) specificity of the discovery request, (3) the absence of alternative means to obtain the subpoenaed information, (4) a central need for the subpoenaed information to advance the claim and, (5) consideration of the defendant's privacy interests. First Time Videos, LLC v. Does 1-500, 276 F.R.D. 241, 248 (N.D. Ill. 2011). Under either formulation of the test, the Plaintiff here has met its burden and is entitled to serve the requested subpoena. Plaintiff alleges it owns a valid copyright that the defendant is infringing, the information plaintiff seeks is narrow (only the name and address of the anonymous IP address user), the information is unavailable elsewhere because the defendant is acting under an anonymous IP address, plaintiff will not be able to move forward with the action without the defendant's identifying information, and Defendant's minimal interest in the protection of his identity is outweighed by Plaintiff's right to enforce its copyright. Put another way, these considerations demonstrate good cause to seek reasonable expedited discovery that will not unduly prejudice Defendant. Accordingly, the motion for expedited third-party discovery is granted. Mailed notice (ef, ) |
| Filing 7 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference by Strike 3 Holdings, LLC (Tallman, Samuel) |
| Filing 6 MOTION by Plaintiff Strike 3 Holdings, LLC for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (Tallman, Samuel) |
| Filing 5 MAILED Copyright report to Registrar, Washington DC. (gcy, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Strike 3 Holdings, LLC re complaint #1 Notice of Filing FRCP 7.1 and LR 3.2 Disclosure (Tallman, Samuel) |
| Filing 3 ATTORNEY Appearance for Plaintiff Strike 3 Holdings, LLC by Samuel J. Tallman (Tallman, Samuel) |
| Filing 2 CIVIL Cover Sheet (Tallman, Samuel) |
| Filing 1 COMPLAINT -Action for Damages for Property Rights Infringement filed by Strike 3 Holdings, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18641981.(Tallman, Samuel) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (dxb, ) |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Samuel J. Tallman |
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| Defendant: JOHN DOE subscriber assigned IP address 73.72.101.130 | |
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