Strike 3 Holdings, LLC v. John Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2018cv04589 |
| August 15, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G Garaufis |
| Vera M Scanlon |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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ORDER granting #7 Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference. Plaintiff's motion for leave to take discovery concerning IP address 74.73.152.86 prior to holding a Rule 26(f) conference is granted. Plaintiff may promptly serve defendant Doe's ISP, Spectrum ("Spectrum" or "the ISP"), with a Rule 45 subpoena compelling it to provide Plaintiff with the true name and address of the internet subscriber(s) associated with IP address 74.73.152.86. A copy of this Order is to be attached to the subpoena. The ISP shall use reasonable efforts to identify the internet subscriber(s) associated with the subject IP address. Once the ISP has identified the subscriber(s) associated with this address, the ISP is to mail, by return receipt requested or overnight mail with signature, a copy of the subpoena with this Order to each subscriber(s). The subscriber(s) will have a period of 45 days after the mailing to file with the Court any appropriate motions with regard to the #7 Motion for Leave to Serve, including a motion to quash the subpoena. Any such motion should be served on Plaintiff and the ISP. The ISP is not to provide any information relating to the subject subscriber(s) to Plaintiff before the 45-day period is concluded. If the subscriber(s) file any motion with the Court, the ISP is not to produce any information as to the subscriber(s) to Plaintiff until a further order of the Court issues. If the subscriber(s) do not file a motion with the Court within the 45-day period, the ISP is to produce the name and address of the associated subscriber(s) within 15 days of the end of the 45-day period for "Attorneys' Eyes Only" review. Any information produced by the ISP will be limited to review on an "Attorneys' Eyes Only" basis and shall not be disclosed to Plaintiff, or its employees or agents, with the exception that disclosure may be made as required for the limited purpose of effecting service of process on the Doe defendant. Plaintiff may use the information disclosed in response to the Rule 45 subpoena only for the purpose of protecting and enforcing Plaintiff's rights as set forth in its #1 Complaint and only for the above-captioned action and no other purpose, including, but not limited to, future litigation against the same defendant. Upon receipt of information responsive to the subpoena, Plaintiff shall have 60 days to serve defendant Doe. Nothing in this Order limits the rights of the ISP to bring a motion as to the subpoena, including a motion to quash. As to any charges of the ISP to Plaintiff, fees shall not be charged until the subscriber information is provided as permitted above; if fees are charged, the ISP must provide a billing statement to Plaintiff. Until a further order of the Court, this action will continue to be litigated as a John Doe action. Ordered by Magistrate Judge Vera M. Scanlon on 9/18/2018. (Tuffaha, Omar)
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| Filing 7 MOTION for Leave to File /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, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Nasir, Shireen) |
| Filing 6 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 exhibit) (Rocco, Christine) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) |
| 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. (Williams, Erica) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. 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. (Williams, Erica) |
| Filing 3 Corporate Disclosure Statement by Strike 3 Holdings, LLC identifying Corporate Parent General Media Systems, LLC for Strike 3 Holdings, LLC. (Nasir, Shireen) |
| 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) (Nasir, Shireen) |
| Filing 1 COMPLAINT against John Doe filing fee $ 400, receipt number 0207-10657720 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A to Complaint, #2 Civil Cover Sheet) (Nasir, Shireen) |
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| Defendant: John Doe | |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Shireen Nasir |
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