Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 205.178.46.57
| Strike 3 Holdings, LLC |
| John Doe, subscriber assigned IP address 205.178.46.57 |
| 1:2023cv00712 |
| February 6, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 STATUS Report Plaintiff's Individual Status Report by Strike 3 Holdings, LLC (Walsh, Patrick) |
Filing 9
ORDER signed by the Honorable John F. Kness on 3/15/2023: Telephonic initial status hearing is set for 4/17/2023 at 9:30 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 ten 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, )
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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(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 Defendant's 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 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. (Attachments: #1 Copyrights)(aee, ) |
| 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-20319690. (Attachments: #1 Exhibit A)(Walsh, Patrick) |
| 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. (khg, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable David Weisman. Case assignment: Random assignment. (khg, ) |
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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 205.178.46.57 | |
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