Strike 3 Holdings, LLC v. Doe
Plaintiff: Strike 3 Holdings, LLC
Defendant: John Doe
Case Number: 1:2021cv05899
Filed: July 8, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Analisa Torres
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Filing 12 LETTER MOTION for Extension of Time within Which to Effectuate Service on Defendant and Status Report addressed to Judge Analisa Torres from Jacqueline M. James. Document filed by Strike 3 Holdings, LLC..(James, Jacqueline)
July 21, 2021 Opinion or Order Filing 11 MEMORANDUM ORDER granting #6 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Strike 3 may immediately serve a Rule 45 subpoena on Verizon Fios, the ISP identified in its motion, to obtain information to identify John Doe, specifically his or her true name and current and permanent address. Plaintiff is expressly not permitted to subpoena the ISP 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 toDefendant"such that the "Notice to Defendant" is the first page of the materials enclosed withthe subpoena. Verizon Fios may serve John Doe 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 John Doe shall have 60 days from the date of service of the Rule 45 subpoena and 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 Fios may not turn over John Doe's identifying information to Strike 3 before the expiration of this 60-day period. Additionally, if John Doe or Verizon Fios files a motion to quash the subpoena, Verizon Fios may not turn over any information to Strike 3 until the issues have been addressed and the Court issues an Order instructing 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 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 his or her 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 Strike 3 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 Strike 3 shall serve a copy of this Memorandum Order along with any subpoenas issued pursuant to this order to Verizon Fios. 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. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/21/2021) (vfr)
July 19, 2021 Opinion or Order Filing 10 ORDER OF REFERENCE TO A 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 Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Analisa Torres on 7/19/2021) (kv)
July 16, 2021 Opinion or Order Filing 9 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b )( 4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b )(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly heal and be heard by all other participants. The parties are encouraged to engage in discove1y through remote means at eve1y available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/16/2021) (va)
July 16, 2021 Opinion or Order Filing 8 INITIAL PRETRIAL SCHEDULING ORDER:1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 6, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 7/16/2021) (va)
July 16, 2021 Opinion or Order Filing 7 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth herein.) (Signed by Judge Analisa Torres on 7/16/2021) (va)
July 16, 2021 Filing 6 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 Analisa Torres from Jacqueline M. James. Document filed by Strike 3 Holdings, LLC..(James, Jacqueline)
July 9, 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..(pc)
July 9, 2021 Magistrate Judge Katharine H. Parker 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. (pc)
July 9, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc)
July 9, 2021 Case Designated ECF. (pc)
July 8, 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)
July 8, 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)
July 8, 2021 Filing 2 CIVIL COVER SHEET filed..(James, Jacqueline)
July 8, 2021 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-24771047)Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A).(James, Jacqueline)

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Plaintiff: Strike 3 Holdings, LLC
Represented By: Jacqueline Marie James
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Defendant: John Doe
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