Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2022cv02733 |
| April 2, 2022 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Lewis A Kaplan |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 11
ORDER: granting #7 Letter Motion for Discovery. Having reviewed Strike 3 Holdings' motion for leave to serve a third party subpoena prior to a Rule 26(f) conference (Docket # 7), as well as the supplemental declaration provided by Strike 3 Holdings in response to the Court's April 29, 2022 Order (Docket # 10), the Court grants the motion to the extent stated below. This Order granting the motion, with the accompanying limitations described herein, is being issued for substantially the same reasons as stated in the cases of Strike 3 Holdings, LLC v. Doe, 2020 WL 2115211 (S.D.N.Y. May 4, 2020); Strike 3 Holdings, LLC v. Doe, 2019 WL 5459693 (S.D.N.Y. Oct. 9, 2019); and Strike 3 Holdings, LLC v. Doe, 329 F.R.D. 518, 521 (S.D.N.Y. 2019). IT IS HEREBY ORDERED THAT Within 14 days of the date of this Order, plaintiff may serve a Rule 45 subpoena on Spectrum to obtain the name and address of John Doe (the "defendant") in accordance with the limitations stated in this Order. Plaintiff may not seek any other information about defendant, including but not limited to defendant's telephone number or email address. The subpoena shall attach a copy of the complaint in this matter and a copy of this Order, with the annexed "Notice to Subscriber." And as set forth herein. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/09/2022) (ama)
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| Filing 10 DECLARATION 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 Declaration of Emilie Kennedy).(James, Jacqueline) |
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Filing 9
ORDER: The Court has reviewed the papers filed in connection with plaintiff's motion for leave to serve a third party subpoena prior to a Rule 26(f) conference (Docket # 7, 8). Having reviewed these materials, the Court requires a sworn statement providing a full explanation as to: 1) The basis for plaintiff's apparent conclusion that the defendant's internet service provider is the entity plaintiff refers to as "Spectrum." See Declaration of Patrick Paige, annexed as Ex. B to Docket # 8, P 28 (referring to "Defendant's ISP Spectrum"). 2) The basis for plaintiff's determination that "Spectrum" is the full and accurate name of the entity to whom the requested subpoena would properly be addressed. If plaintiff wishes to proceed with this application its submission addressing these matters shall be filed on or before May 9, 2022. If it fails to make the required submission, the application for leave to serve a third party subpoena will be denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/2022) (ks)
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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
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lewis A. Kaplan on 4/5/22) (yv)
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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..(gp) |
| Case Designated ECF. (gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(gp) |
| 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 $ 402.00, Receipt Number ANYSDC-25952777)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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