Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.25.50.182
| Strike 3 Holdings, LLC |
| John Doe subscriber assigned IP address 182 |
| 1:2021cv06252 |
| November 22, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 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" #7 . Plaintiff seeks expedited discovery in the form of a subpoena seeking to identify the currently unidentified defendant ("John Doe"). Under Rule 26(d) 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, Plaintiff has met its burden and is entitled to serve the requested subpoena. Plaintiff alleges it owns a valid copyright that 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 Defendant is acting under an anonymous IP address, Plaintiff will not be able to move forward with the action without Defendant's identifying information, and Defendant's minimal interest in the protection of his or her 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 #7 is granted. Mailed notice (ef, ) |
| Filing 8 MEMORANDUM by Strike 3 Holdings, LLC in support of motion for miscellaneous relief #7 Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (Tallman, Samuel) |
| Filing 7 MOTION by Plaintiff Strike 3 Holdings, LLCfor Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (Tallman, Samuel) |
Filing 6
ORDER signed by the Honorable John F. Kness on 12/7/2021: Telephonic initial status hearing is set for 2/2/2022 at 10:20 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
|
| Filing 5 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Strike 3 Holdings, LLC re complaint #1 -Action for Damages for Property Rights Infringement (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 0752-18899198.(Tallman, Samuel) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (dxb, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (dxb, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.25.50.182 | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Samuel J. Tallman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: John Doe subscriber assigned IP address 182 | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
