Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2019cv11466 |
| December 13, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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Filing 9
MEMORANDUM AND ORDER granting #7 Motion for Discovery. IT IS HEREBY ORDERED that Strike 3 may immediately serve a Rule 45 subpoena on Spectrum, the ISP identified in its motion, to obtain information to identify John Doe, specifically her or his true name and current and permanent address. Plaintiff is expressly not permitted to subpoena the ISPs for John Doe's email addresses or telephone numbers. The subpoena shall have a copy of this order attached, along with the attached "Notice to Defendant." IT IS FURTHER ORDERED that Spectrum will have 60 days from the date of service of the Rule 45 subpoena upon them to serve John Doe with a copy of the subpoena, a copy of this order, and a copy of the "Notice to Defendant." The order should be attached to the "Notice to Defendants" such that the "Notice to Defendant" is the first page of the materials enclosed with the subpoena. Spectrum may serve John Doe using any reasonable means, including written notice sent to her or his 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 the Rule 45 subpoena and this Order upon her or him 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. Spectrum may not tum over John Doe's identifying information to Strike 3 before the expiration of this 60-day period. Additionally, if John Doe or Spectrum files a motion to quash the subpoena, Spectrum may not tum over any information to Strike 3 until the issues have been addressed and the Court issues an Order instructing Spectrum to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without John Doe or Spectrum contesting the subpoena, Spectrum shall have 10 days to produce the information responsive to the subpoena to Plaintiff. John Doe, should he or she move to quash the subpoena or to proceed anonymously, shall at the same time as her or his filing also notify Spectrum so that it is on notice not to release any of John Doe's contact information to Plaintiff until the Court rules on any such motions. 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 Spectrum shall confer with Strike 3 and shall not assess any charge in advance of providing the information requested in the subpoena. Should Spectrum elect to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that Strike 3 shall serve a copy of this Opinion and Order along with any subpoenas issued pursuant to this order to Spectrum. IT IS FURTHER ORDERED that any information ultimately disclosed to Strike 3 in response to a Rule 45 subpoena may be used by Strike 3 solely for the purpose of protecting Strike 3's rights as set forth in its complaint. (Signed by Judge Alison J. Nathan on 1/16/2020) (rj)
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| 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) |
| 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) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 5/22/2020 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 12/20/2019) (kv)
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| 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. (dnh) |
| Case Designated ECF. (dnh) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (dnh) |
| 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) |
| 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-18279968)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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