Strike 3 Holdings, LLC v. Doe
Strike 3 Holdings, LLC |
John Doe |
1:2019cv05812 |
June 20, 2019 |
US District Court for the Southern District of New York |
J Paul Oetken |
Copyright |
17 U.S.C. ยง 101 |
Plaintiff |
Docket Report
This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 ORDER terminating #6 Motion for Discovery. Accordingly, it is hereby ORDERED that Plaintiff is allowed to conduct immediate discovery on Verizon Online LLC (Verizon Fios) with a subpoena under Federal Rule of Civil Procedure 45 seeking John Doe's name and current and permanent address. The subpoena shall have a copy of this order attached. IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this order on Verizon Online LLC (Verizon Fios) and that Verizon Online LLC (Verizon Fios) shall serve a copy of this order on John Doe. Verizon Online LLC (Verizon Fios) may serve John Doe using any reasonable means, including written notice sent to John Doe's last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that John Doe shall have 60 days from the date of service of this order upon him or her to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. Verizon Online LLC (Verizon Fios) may not turn over John Doe's identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if John Doe or Verizon Online LLC (Verizon Fios) files a motion to quash the subpoena, Verizon Online LLC (Verizon Fios) may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing Verizon Online LLC (Verizon Fios) to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without John Doe or Verizon Online LLC (Verizon Fios) contesting the subpoena, Verizon Online LLC (Verizon Fios) shall have 10 days to produce the information responsive to the subpoena to Plaintiff. If John Doe moves to quash or modify the subpoena, or to proceed anonymously, he or she shall at the same time as his or her filing also notify Verizon Online LLC (Verizon Fios) so that Verizon Online LLC (Verizon Fios) is on notice not to release John Doe's contact information to Plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that Verizon Online LLC (Verizon Fios) shall preserve any subpoenaed information pending the resolution of any timely motion to quash. IT IS FURTHER ORDERED that Verizon Online LLC (Verizon Fios) shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. If Verizon Online LLC (Verizon Fios) elects to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its complaint. The Clerk of Court is directed to close the motion at Docket Number 6. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/8/2019) (rro) |
Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for Discovery for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. . Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(James, Jacqueline) |
Filing 6 MOTION for Discovery for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Text of Proposed Order)(James, Jacqueline) |
Filing 5 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (sj) |
Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit A)(James, Jacqueline) |
Case Designated ECF. (sj) |
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent General Media Systems, LLC for Strike 3 Holdings, LLC. Document filed by Strike 3 Holdings, LLC.(James, Jacqueline) |
Filing 2 CIVIL COVER SHEET filed. (James, Jacqueline) |
Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-17118981)Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A)(James, Jacqueline) |
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Defendant: John Doe | |
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Plaintiff: Strike 3 Holdings, LLC | |
Represented By: | Jacqueline Marie James |
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