Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2022cv06379 |
| July 27, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 9
MEMORANDUM OPINION & 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. As all five Arista factors weigh in Plaintiff's favor, the Court grants 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 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 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 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 Defendant" 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 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 Plaintiff 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 Plaintiff shall serve a copy of this Memorandum Opinion and Order along with any subpoenas issued pursuant to this order to Spectrum. 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 October 6, 2022 is hereby adjourned sine die. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 7. (Signed by Judge Ronnie Abrams on 8/25/2022) (ate)
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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 - Williams Declaration, #2 Exhibit B - Paige Declaration, #3 Exhibit C - Stalzer Declaration).(James, Jacqueline)
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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)
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Filing 6
ORDER AND NOTICE OF INITIAL CONFERENCE: IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on October 6, 2022 at 2:45 p.m. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. Initial Conference set for 10/6/2022 at 02:45 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 8/15/2022) (ate)
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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..(pc)
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Case Designated ECF. (pc)
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Magistrate Judge Robert W. Lehrburger 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)
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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..(pc)
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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)
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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)
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Filing 2
CIVIL COVER SHEET filed..(James, Jacqueline)
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Filing 1
COMPLAINT against John Doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-26469558)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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