Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 24.1.34.146
| Strike 3 Holdings, LLC |
| John Doe, subscriber assigned IP address 146 |
| 1:2023cv00707 |
| February 6, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's status report informing the Court that it served the subpoena on Defendant's ISP and expects to receive a response by 3/20/2023. R. 9 ("Plaintiff will investigate the information provided by the ISP to determine the correct infringer, amend its complaint, and effectuate service."). On or before 4/13/2023, Plaintiff shall file an updated status report on the progress of filing and serving the amended complaint. Emailed notice (axc). |
| Filing 9 STATUS Report Plaintiff's Individual Status Report by Strike 3 Holdings, LLC (Walsh, Patrick) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has moved for leave under Rule 26(d)(1) to file a third-party subpoena on Defendant's internet service provider seeking the identity and address associated with Defendant's IP Address. R. 6. When addressing this type of motion, courts consider whether good cause exists: "(1) the concreteness of the plaintiff's showing of a prima facie claim of actionable harm,... (2) the specificity of the discovery request,... (3) the absence of alternative means to obtain the subpoenaed information,... (4) the need for the subpoenaed information to advance the claim,... and (5) the objecting party's expectation of privacy." Malibu Media, LLC v. Doe, No. 18 C 5792, 2019 WL 7876473, at *2 (N.D. Ill. Jan. 2, 2019) (quoting Arista Records, LLC v. Doe 3, 604 F.3d 110, 118-19 (2d Cir. 2010)). The first four factors weigh in favor of allowing Plaintiff's requested expedited discovery, as Plaintiff has made a prima facie case of copyright infringement, seeks limited and specific information, lacks alternative means to identify Defendant, and Defendant's identity is necessary to proceed with this litigation. Defendant has at least a minimal privacy interest in the identity information associated with the IP address, but this interest can be protected by keeping such information under seal through at least the early stages of discovery until enough evidence can be marshaled to show that a particular person (or persons) is tied to the alleged infringement. Altogether, these factors weigh in favor of granting the motion, and good cause exists to do so. The motion #6 is therefore granted, and Plaintiff may serve a third-party subpoena on Comcast Cable seeking the name and address associated with Defendant's IP address. See id. at *2-3; Cobbler Nevada, LLC v. Does 1-28, No. 15 C 7538, 2016 WL 193408, at *2-4 (N.D. Ill. Jan. 15, 2016). Plaintiff, however, may not publish the identities of Defendant in any way without further leave of court, and Defendant may proceed in this case by pseudonym until further order from the court. This order is without prejudice to Defendant or the ISP moving to quash the subpoena on any available ground. In lieu of an initial status report, by 30 days, Plaintiff shall file a status report confirming service of the subpoena, stating the status of the production, and indicating whether Plaintiff has obtained the information necessary to file an amended complaint naming the proper Defendant. Emailed notice (axc). |
| Filing 7 MEMORANDUM by Strike 3 Holdings, LLC in support of motion for discovery #6 Memorandum ISO Motion for Leave to Serve Third Party Subpoena (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Walsh, Patrick) |
| Filing 6 MOTION by Plaintiff Strike 3 Holdings, LLC for discovery Motion for Leave to Serve Third Party Subpoena (Attachments: #1 Affidavit)(Walsh, Patrick) |
| Filing 5 MAILED Copyright report to Registrar, Washington DC (kl, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Strike 3 Holdings, LLC Notice of Filing FRCP 7.1 and LR 3.2 Disclosure (Walsh, Patrick) |
| Filing 3 CIVIL Cover Sheet (Walsh, Patrick) |
| Filing 2 ATTORNEY Appearance for Plaintiff Strike 3 Holdings, LLC by Patrick Joseph Walsh (Walsh, Patrick) |
| Filing 1 COMPLAINT filed by Strike 3 Holdings, LLC ; Jury Demand. Filing fee $ 402, receipt number AILNDC-20318995. (Attachments: #1 Errata A)(Walsh, Patrick) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jb, ) |
| 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. (jb, ) |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Patrick Joseph Walsh |
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| Defendant: John Doe, subscriber assigned IP address 146 | |
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