Strike 3 Holdings, LLC v. Doe
Strike 3 Holdings, LLC |
John Doe |
1:2022cv05853 |
July 8, 2022 |
US District Court for the Southern District of New York |
Gregory H Woods |
Copyright |
17 U.S.C. ยง 101 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 ORDER granting #7 Motion for Discovery. However, because the Court finds that plaintiff has met the reasonableness and good cause standard for early discovery, even under the heightened scrutiny required of an ex parte submission, plaintiff's motion for leave to serve a third-party subpoena prior to a Rule 26(f) Conference is GRANTED. The Court ORDERS the following: (1) Plaintiff may serve a subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure on Spectrum to obtain the name and address of the subscriber identified by IP address 74.64.57.133. Plaintiff's counsel is directed to attach a copy of this order to the subpoena. (2) Within seven (7) days of service of a subpoena, Spectrum shall reasonabl attempt to identify the subscriber and provide him or her with a copy of the subpoena and this order. If Spectrum is unable to determine, to a reasonable degree of technical certainty, the identity of the subscriber identified by IP address 74.64.57.133, it shall so notify plaintiff's counsel. (3) Spectrum shall have twenty-one (21) days from the service date of the subpoena to move to quash or otherwise object to the subpoena. The identified subscriber shall have fourteen (14) days from receipt of the subpoena from Spectrum to move to quash or otherwise object to the subpoena. (4) Absent any motion to quash or other objection, Spectrum shall produce the information sought to the plaintiff within twenty-one (21) days after notifying the subscriber pursuant to paragraph (2) above. (5) Plaintiff may only use the information disclosed pursuant to the subpoena for the purpose of protecting and enforcing plaintiff's rights as set forth in the complaint. The Court ORDERS that the information not be disclosed to any person other than plaintiff and plaintiff's counsel without further leave of the Court. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 7. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/3/2022) (vfr) |
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 - Williams Declaration, #2 Exhibit B - Paige Declaration, #3 Exhibit C - Stalzer Declaration).(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 Proposed Order).(James, Jacqueline) |
Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: October 12, 2022. DATE AND TIME OF CONFERENCE: October 19, 2022 at 4:30 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 10/19/2022 at 04:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 7/12/2022) (ama) |
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. (vf) |
Case Designated ECF. (vf) |
Magistrate Judge James L. Cott 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. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(vf) |
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-26389166)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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