Strike 3 Holdings, LLC v. Doe
Plaintiff: Strike 3 Holdings, LLC
Defendant: John Doe
Case Number: 1:2019cv05853
Filed: June 21, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Opinion or Order Filing 9 ORDER granting #7 Motion for Discovery. Accordingly, Plaintiff's motion for leave to file a third-party subpoena on the ISP in order to obtain Defendants name and address is GRANTED. Plaintiff is not permitted to subpoena the ISP for Defendant's email address or telephone number. The Court also concludes that there are substantial concerns related to Defendant's privacy given both the nature of the copyrighted material at issue and the risk of a false identification by Defendants ISP. See Digital Sin, Inc. v. Does 1-27, No. 12 Civ. 3873 (JMF), 2012 WL 2036035, at *3 (S.D.N.Y. June 6, 2012); Malibu Media, v LLC v. Does 1-5, No. 12 Civ. 2950 (JPO), 2012 WL 2001968, at *1-2 (S.D.N.Y. June 1, 2012). Plaintiff does not oppose allowing Defendant to proceed anonymously. (Pl. Mem. at 10). Accordingly, it is ORDERED that Defendant may proceed anonymously as John Doe unless and until the Court orders otherwise. In addition, Plaintiff states in its memorandum that it has a policy of not initiating settlement discussions prior to serving a Complaint on Defendant. (Id. at 4). It is therefore further ORDERED that Plaintiff shall not initiate settlement discussions prior to service of the Complaint without leave of Court. Nevertheless, if Defendant initiates such discussions, Plaintiff is permitted to participate therein and to settle the case. It is further ORDERED that the ISP shall have 60 days from the date of service of the Rule 45 subpoena upon it to serve upon Defendant along with a copy of the subpoena, a copy of this Order, and a copy of the Notice to Defendant attached hereto as Exhibit A. The Order should be attached to the Notice to Defendant such that the Notice to Defendant is the first page of the materials enclosed with the subpoena. The ISP may serve Defendant using any reasonable means, including written notice sent to his or her last known address, transmitted either by first class mail or via overnight service. It is further ORDERED that Defendant shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon him to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena). The ISP may not turn over Defendants identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if Defendant or the ISP files a motion to quash or modify the subpoena, the ISP may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISP to resume in turning over the requested discovery. It is further ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. It is further ORDERED that the ISP receiving 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 Plaintiff with a billing summary and cost report. It is further ORDERED that any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used solely for the purpose of protecting Plaintiff's rights as set forth in its Complaint. The Clerk of the Court is directed to terminate the motion at Docket Entry 7. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/29/2019) (js)
July 27, 2019 Filing 8 MEMORANDUM OF LAW in Support re: #7 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 27, 2019 Filing 7 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)
July 19, 2019 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff shall submit a Motion seeking Leave to File a Third Party Subpoena Pursuant to Fed. R. Civ. P. 26(d)(1) with whatever speed Plaintiff deems appropriate. In addition, the Court will not schedule an initial conference until Defendant is named and served. (Signed by Judge Katherine Polk Failla on 7/18/2019) (rro)
July 18, 2019 Filing 5 LETTER MOTION for Leave to File Motion for Leave to Serve Third Party Subpoena Prior to Rule 26(f) Conference and Request to Adjourn the Initial Rule 16 Scheduling Conference addressed to Judge Katherine Polk Failla from Jacqueline M. James. Document filed by Strike 3 Holdings, LLC.(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 Designated ECF. (pne)
June 24, 2019 Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 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-17124364)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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