Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2024cv10490 |
| February 27, 2024 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 9 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs motion for a subpoena, [ECF No. #6 ], is GRANTED. Plaintiff moved for leave to serve a third-party subpoena on Comcast Cable pursuant to Federal Rule of Civil Procedure 45. [ECF No. #6 ]. Parties may be allowed to subpoena third parties before a Rule 26(f) conference where good cause exists, see Fed. R. Civ. P. 26(d)(1); Viken Detection Corp. v. Doe, No. 19-cv-12034, 2019 WL 5268725, at *1 (D. Mass. Oct. 17, 2019), and courts typically find that good cause supports allowing for early discovery in cases like this one, involving illegally downloaded media, where the movant is seeking to subpoena an internet service provider (ISP) in order to identify, by name and address, an unknown defendant behind an IP address, Breaking Glass Pictures v. Swarm Sharing Hash File SHA1: 973F491D02C1E0220DBC534D8F8EDC15FC53FAEF, No. 13-cv-10735, 2013 WL 2407226, at *4 (D. Mass. May 1, 2013); Viken, 2019 WL 5268725, at *1.The subpoena[] must be served alongside a special notice to the target of the subpoenaed information informing them of a 30-day period in which they may move to quash the subpoena, Viken, 2019 WL 5268725, at *2, or raise any objections, as well as a copy of this Order and a copy of the Courts Protective Order, [ECF No. #8 ].Any filings shall only identify Defendant by his IP address or the John Doe pseudonym, pending further Court order. Finally, Plaintiff may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiffs rights as set forth in its Complaint. (McManus, Caetlin) |
| Filing 8 Judge Allison D. Burroughs: ORDER entered. PROTECTIVE ORDER. (McManus, Caetlin) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Discovery Leave to Serve Third-Party filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A - Williamson Declaration, #2 Exhibit B- Paige Declaration, #3 Exhibit C- Stalzer Declaration)(James, Jacqueline) |
| Filing 6 MOTION for Discovery Leave to Serve Third-Party by Strike 3 Holdings, LLC. (Attachments: #1 Text of Proposed Order)(James, Jacqueline) |
| Filing 5 Summons Issued as to John Doe. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Phillips, Sophie) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Kinsella, Jaylannie) |
| Filing 3 REPORT on the filing/termination of copyright case AO121. (Attachments: #1 Exhibit A- a single transaction of each work infringed)(James, Jacqueline) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Strike 3 Holdings, LLC identifying Corporate Parent General Media Systems, LLC for Strike 3 Holdings, LLC.. (James, Jacqueline) |
| Filing 1 COMPLAINT against John Doe Filing fee: $ 405, receipt number AMADC-10289460 (Fee Status: Filing Fee paid), filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A- a single transaction of each work infringed, #2 Civil Cover Sheet, #3 Category Form)(James, Jacqueline) |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Jacqueline M. James |
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| Defendant: John Doe | |
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