Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 151.202.25.232
| STRIKE 3 HOLDINGS, LLC |
| John Doe subscriber assigned IP address 151.202.25.232 |
| 2:2023cv22413 |
| November 16, 2023 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Julien Xavier Neals |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Set Deadlines as to #27 MOTION to Consolidate Cases. Motion set for 12/18/2023 before Magistrate Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) |
| Filing 27 MOTION to Consolidate Cases by STRIKE 3 HOLDINGS, LLC. (Attachments: #1 Certification of John C. Atkin, Esq., #2 Text of Proposed Order, #3 Certificate of Service)(ATKIN, JOHN) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) |
| Filing 26 CERTIFICATE OF SERVICE by STRIKE 3 HOLDINGS, LLC (ATKIN, JOHN) Modified on 11/21/2023 (dam). |
| Filing 25 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:22-cv-06834. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Julien Xavier Neals and Magistrate Judge Edward S. Kiel. (jr) |
| Case transferred to District of New Jersey pursuant to Electronic Order dtd. 11/8/23 denying #24 . Original file transferred via ECF to District of New Jersey. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (MLR) |
ORDER DENYING #24 Plaintiff's Motion for Premotion Conference AND TRANSFERRING ACTION TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY - Plaintiff's request for a premotion conference to seek leave to move to transfer this case to the U.S. District Court for the District of New Jersey ("DNJ") is denied as unnecessary and the premotion letter is deemed the motion to transfer venue to DNJ, which is granted for the reasons stated in the motion. Specifically, Defendant has not appeared in this action, despite having been served and moved to New Jersey where Plaintiff has filed a separate related case in the DNJ alleging the same infringing activity alleged in the instant action sub nom Strike 3 Holdings v. Doe, Dkt. No. 23-cv-2796. Defendant has been served in the DNJ case and has failed to appear there as well.Thus, in the interest of justice, judicial economy, and convenience of the witnesses, the Clerk of the Court is directed to TRANSFER THIS CASE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY and to close this case. Plaintiff is directed to serve a copy of this Electronic Order on defendant and to file proof of such service with the Transferee Court once the case is transferred. SO ORDERED by Judge Dora Lizette Irizarry on 11/8/2023. (Irizarry, Dora)
|
| Filing 24 Letter MOTION for pre motion conference in anticipation of motion to transfer, pursuant to 28 U.S.C. 1404(a) by Strike 3 Holdings, LLC. (Atkin, John) |
|
ORDER: The Court is in receipt of Plaintiff's status report #23 , indicating that Plaintiff intends to request a pre-motion conference to transfer this case to the District of New Jersey after the Defendant in case 23-cv-2796 answers or otherwise responds to the First Amended Complaint in that matter. Plaintiff is respectfully directed to file a status report by 12/11/2023, advising the Court as to case status and proposed next steps. Ordered by Magistrate Judge Taryn A. Merkl on 10/23/2023. (ES)
|
| Filing 23 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
|
ORDER. The Court is in receipt of Plaintiff's status report #22 , in which Plaintiff indicates its intent to transfer this matter to the District of New Jersey. Plaintiff notes that to do so, Plaintiff must amend the pleadings so that Defendant is a party to the case in New Jersey. Counsel's letter further requests that this Court (1) direct the Clerk of Court to amend the caption of this matter to identify the John Doe Defendant; (2) direct the Clerk of Court to change the "ex parte" filing status of all documents that currently identify Defendant (ECF Nos. 15, 18) so that they are available on the public docket; and (3) expressly allow Plaintiff to file documents identifying Defendant on the public docket. Other than stating that the law regarding anonymity is different in the Third Circuit, Plaintiff cites no authority for this proposed relief. Having reviewed the docket in both cases, the Court does not see any impediment to Plaintiff's filing of an amended pleading in New Jersey and moving to transfer this case to New Jersey, where the court may make a determination about whether permit the case to proceed anonymously. Accordingly, on the basis of the present record, this requested relief appears to be unnecessary, and at odds with the Court's previous determination to incorporate the privacy protections included in Plaintiff's proposed order for leave to file a third-party subpoena prior to the commencement of discovery. (See Nov. 17, 2022 ECF Order; Pl.'s First Mot. for Discovery, ECF No. 7.) As to this case continuing to proceed anonymously, if and when this case is transferred to New Jersey, the appropriateness of proceeding anonymously may be determined by the court in New Jersey. Plaintiff is directed to file a status report regarding anticipated next steps in this case by 10/20/2023. Ordered by Magistrate Judge Taryn A. Merkl on 9/28/2023. (ES)
|
| Filing 22 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
|
STATUS REPORT ORDER: On 8/1/2023, the Court directed Defendant to answer, move, or otherwise respond to the Complaint by 8/29/2023. To date, Defendant has not answered the Complaint. Plaintiff is respectfully directed to file a status report by 9/20/2023, advising the Court as to case status and proposed next steps. Ordered by Magistrate Judge Taryn A. Merkl on 8/30/2023. (SA)
|
| Filing 21 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
| Filing 20 AFFIDAVIT of Service for August 1, 2023 Text Order served on Defendant John Doe subscriber assigned IP address 151.202.25.232 on August 2, 2023, filed by Strike 3 Holdings, LLC. (Atkin, John) |
|
ORDER: Plaintiff filed the Complaint on 11/8/2022 and has filed proof of service indicating that Defendant was served on 7/10/2023. To date, Defendant has not answered the Complaint. Defendant shall answer, move, or otherwise respond to the Complaint by 8/29/2023. Plaintiff is respectfully directed to provide Defendant with a copy of this Order forthwith and to file proof of same by 8/8/2023. Ordered by Magistrate Judge Taryn A. Merkl on 8/1/2023. (SA)
|
| Filing 19 AFFIDAVIT/AFFIRMATION re 18 1 - Exparte Document CV, UnRedacted Document AFFIDAVIT OF SERVICE by Strike 3 Holdings, LLC (Atkin, John) |
| Filing 17 SUMMONS Returned Executed by Strike 3 Holdings, LLC. John Doe subscriber assigned IP address 151.202.25.232 served on 7/10/2023, answer due 7/31/2023. (Atkin, John) |
| Filing 16 AMENDED Redacted Summons Issued as to John Doe subscriber assigned IP address 151.202.25.232. (ML) |
| Filing 14 AMENDED COMPLAINT (REDACTED) against John Doe subscriber assigned IP address 151.202.25.232, filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet (Redacted), #3 Proposed Summons (Redacted)) (Atkin, John) |
| Filing 12 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
|
STATUS REPORT ORDER: The Court is in receipt of Plaintiff's status report #10 indicating that Verizon Fios has responded to Plaintiff's subpoena. Plaintiff is directed to file another status report by 6/20/2023, further advising the Court as to case status and proposed next steps. Ordered by Magistrate Judge Taryn A. Merkl on 4/19/2023. (SA)
|
| Filing 10 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
|
ORDER: The Motion for Extension of Time #9 is granted. Plaintiff shall file proof of service on Defendant by 5/27/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 2/2/2023. (SA)
|
| Filing 9 Letter MOTION for Extension of Time to File /Effectuate Service on John Doe Defendant by Strike 3 Holdings, LLC. (Atkin, John) |
|
STATUS REPORT ORDER: The Court is in receipt of Plaintiff's status report #8 . Plaintiff is respectfully directed to file another status report, on 4/18/2023, further advising the Court as to case status. Ordered by Magistrate Judge Taryn A. Merkl on 1/18/2023. (SA)
|
| Filing 8 STATUS REPORT by Strike 3 Holdings, LLC (Atkin, John) |
|
ORDER: Having considered the relevant factors, the Court grants Plaintiff Strike 3 Holdings, LLC ("Plaintiff")'s motion for discovery #7 , permitting Plaintiff to serve a subpoena upon internet service provider Verizon Fios for the limited purpose of obtaining the name and address of the internet subscriber associated with IP address 151.202.25.232 from 1/31/2022 through 9/18/2022. The Court incorporates by reference into this Order all of the terms and conditions of plaintiff's proposed Order (ECF No. [7-5]), including the privacy protections contained therein. Plaintiff is directed to file a Status Report by 1/17/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 11/17/2022. (SA)
|
| Filing 7 First MOTION for Discovery Seeking Leave To Serve A Third Party Subpoena Prior To A Rule 26(f) Conference by Strike 3 Holdings, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Declaration of David Williamson, #3 Exhibit B -- Declaration of Patrick Paige, #4 Exhibit C -- Declaration of Susan Stalzer, #5 Proposed Order) (Atkin, John) |
| Filing 6 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 Exhibit A) (RC) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 3 Corporate Disclosure Statement by Strike 3 Holdings, LLC identifying Corporate Parent General Media Systems, LLC for Strike 3 Holdings, LLC. (Atkin, John) |
| Filing 2 NOTICE by Strike 3 Holdings, LLC Report on the filing or determination of an action or appeal regarding a copyright (Attachments: #1 Exhibit A) (Atkin, John) |
| Filing 1 COMPLAINT against John Doe subscriber assigned IP address 151.202.25.232 filing fee $ 402, receipt number ANYEDC-16121930 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Atkin, John) |
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 New Jersey 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 151.202.25.232 | |
|---|---|
| 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: | JOHN C. ATKIN |
| 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 151.202.25.232 | |
| 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.
