Strike 3 Holdings, LLC v. Doe

Plaintiff: Strike 3 Holdings, LLC
Defendant: John Doe
Case Number: 1:2019cv05851
Filed: June 21, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: Laura Taylor Swain
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 Filing 8 ORDER granting #5 Letter Motion for Discovery. For the reasons set forth above, IT IS HEREBY ORDERED that: 1. The Defendant may proceed anonymously as John Doe in this action unless and until the Court orders otherwise. 2. Within 14 days of the date of this Order, Plaintiff may serve a Rule 45 subpoena on the ISP seeking only the name and address of the Defendant to whom the ISP assigned the IP address set forth in the Complaint in this action. Plaintiff is not permitted to subpoena the Defendant's telephone number or email address. The subpoena shall attach a copy of this Order, along with the attached "Notice to Defendant." Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any ISP that is identified in response to a subpoena as a provider ofinternet services to the Defendant. 3. The ISP shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon it to serve Defendant with a copy of the subpoena, a copy of this Order, and a copy of the attached "Notice to Defendant." The ISP may serve Defendant using any reasonable means, such as written notice to a last known address, transmitted either by first-class mail or via overnight service. 4. Defendant shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motion with this Court contesting the subpoena (including a motion to quash or to modify the subpoena). The ISP may not turn over Defendants information to Plaintiff prior to the close of this 60-day period. Additionally, if Defendant or the ISP files a motion to quash the subpoena, the ISP may not turn over any information to Plaintiff until the issue has been resolved and the Court has issued an order instructing the ISP to resume in turning over the requested discovery. 5. If that 60-day period closes without Defendant or the ISP contesting the subpoena, the ISP shall then have 10 days to produce the information responsive to the subpoena to Plaintiff. If Defendant moves to quash or to modify the subpoena, he or she shall, at the same time as his or her filing, notify the ISP so the ISP is on notice not to release Defendant's information to Plaintiff until the Court rules on any such motion. 6. The ISP shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. 7. An ISP that receives a subpoena pursuant to this Order shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Plaintiff. 8. 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. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/7/2019) (kl)
August 2, 2019 Filing 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Laura Taylor Swain on 8/2/2019) (ne)
August 2, 2019 Magistrate Judge Stewart D. Aaron is so redesignated. (bcu)
July 18, 2019 Filing 6 MEMORANDUM OF LAW in Support re: #5 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)
July 18, 2019 Filing 5 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)
June 24, 2019 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)
June 24, 2019 ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Jacqueline Marie James to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pne)
June 24, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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. (pne)
June 24, 2019 Magistrate Judge Henry B. Pitman 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. (pne)
June 24, 2019 Case Designated ECF. (pne)
June 21, 2019 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)
June 21, 2019 Filing 2 CIVIL COVER SHEET filed. (James, Jacqueline)
June 21, 2019 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-17124303)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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