Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2023cv15523 |
| October 31, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 9 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff 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. #5 . 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 the defendant, and the defendant's identity is necessary to proceed with this litigation. The 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 #5 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 the 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 the defendant or the ISP moving to quash the subpoena on any available ground. (rao, ) |
| Filing 7 AFFIDAVIT of Patrick J. Walsh (Walsh, Patrick) |
| Filing 6 MEMORANDUM (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Walsh, Patrick) |
| Filing 5 MOTION by Plaintiff Strike 3 Holdings, LLC for discovery (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. (sxh, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (sxh, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Strike 3 Holdings, LLC (Walsh, Patrick) |
| Filing 3 ATTORNEY Appearance for Plaintiff Strike 3 Holdings, LLC by Patrick Joseph Walsh (Walsh, Patrick) |
| Filing 2 CIVIL Cover Sheet (Walsh, Patrick) |
| Filing 1 COMPLAINT filed by Strike 3 Holdings, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-21283507. (Attachments: #1 Exhibit A)(Walsh, Patrick) |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Patrick Joseph Walsh |
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| Defendant: John Doe | |
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