Strike 3 Holdings, LLC v. Doe
Plaintiff: Strike 3 Holdings, LLC
Defendant: John Doe
Case Number: 1:2021cv01840
Filed: March 3, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2021 Opinion or Order Filing 9 MEMORANDUM OPINION AND ORDER re: #7 MOTION for Discovery for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. filed by Strike 3 Holdings, LLC. All five factors weigh in Plaintiffs favor. The Court hereby grant's Plaintiff's motion. In accordance with the "Court's practice in these sorts of cases," the Court will issue a protective order in connection with the subpoena "in light of the substantial risk for false positive identifications that could result in 'annoyance, embarrassment, oppression, or undue burden or expense." Strike 3 Holdings, LLC, 329 F.R.D. at 522 (quoting Fed. R. Civ. P. 26(c)(1)). Accordingly, it is hereby: ORDERED that Plaintiff may immediately serve a Rule 45 subpoena on Verizon Fios, 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 Verizon Fios 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. Verizon Fios 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 if that 60-day period lapses without John Doe or Verizon Fios contesting the subpoena, Verizon Fios 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. Verizon Fios 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 Verizon Fios shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. Should Verizon Fios elect to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Memorandum Opinion and Order along with any subpoenas issued pursuant to this order to Verizon Fios. 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 Plaintiff's rights as set forth in its complaint. IT IS FURTHER ORDERED that the initial conference presently scheduled for June 4, 2021 is hereby adjourned sine die. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 7. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/15/2021) (kv)
March 10, 2021 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)
March 10, 2021 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)
March 5, 2021 Opinion or Order Filing 6 ORDER AND NOTICE OF INITIAL CONFERENCE: The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. (And as further set forth herein.) SO ORDERED. Initial Conference set for 6/4/2021 at 11:45 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 3/5/2021) (jca)
March 4, 2021 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..(jgo)
March 4, 2021 Case Designated ECF. (jgo)
March 4, 2021 Magistrate Judge Sarah L. Cave 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. (jgo)
March 4, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(jgo)
March 3, 2021 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)
March 3, 2021 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)
March 3, 2021 Filing 2 CIVIL COVER SHEET filed..(James, Jacqueline)
March 3, 2021 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-24173239)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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