Strike 3 Holdings, LLC v. Doe
Strike 3 Holdings, LLC |
John Doe |
1:2022cv09592 |
November 9, 2022 |
US District Court for the Southern District of New York |
Stewart D Aaron |
Vernon S Broderick |
Copyright |
17 U.S.C. ยง 101 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 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). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/18/2022) (tg) |
Filing 8 ORDER granting #6 Motion for Discovery. Accordingly, Plaintiff's Motion for Leave to Serve a Third-Party Subpoena, (Doc. 6), is hereby GRANTED, subject to the procedure set forth below to provide the Internet subscriber with a fair opportunity to contest the subpoena before his identity is disclosed to Plaintiff. See Digital Sin, 279 F.R.D. at 24445. IT IS HEREBY ORDERED that: - Plaintiff may immediately serve a third-party subpoena upon Defendants ISP, pursuant to Federal Rule of Civil Procedure 45, requiring the ISP to disclose the name and address associated with IP address 65.78.19.122. The subpoena shall have a copy of this Order attached. - The ISP shall have fifteen (15) days from the date the subpoena is served upon it to serve the affected Internet subscriber with a copy of the subpoena and a copy of this Order. The ISP may use any reasonable means to do so, including but not limited to written notice to the subscriber's last known address. - The Internet subscriber shall have forty-five (45) days from the date of service of the subpoena upon him to file any motion with the Court to contest the subpoena, including any request to litigate the subpoena anonymously. The ISP shall not produce any subpoenaed information to Plaintiff during this period. - If this 45-day period lapses without the Internet subscriber filing a motion to contest the subpoena, the ISP shall produce to Plaintiff all information necessary to comply with the subpoena within ten (10) days thereafter. - The ISP may also move to contest the subpoena, consistent with the usual requirements of Federal Rule of Civil Procedure 45. If it does so, it shall ensure that its filings do not disclose to Plaintiff any identifying information concerning the affected Internet subscriber. - If any motion is filed to contest the subpoena, the ISP shall not produce any subpoenaed information to Plaintiff until the Court has resolved the motion and has ordered the ISP to disclose the information. - The ISP shall preserve any subpoenaed information pending resolution of any motion to contest the subpoena. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/18/2022) (tg) |
Filing 7 MEMORANDUM OF LAW in Support re: #6 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 6 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 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. (sj) |
Case Designated ECF. (sj) |
Magistrate Judge Stewart D. Aaron 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. (sj) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj) |
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 - single transaction of each work infringed).(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-26941136)Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A - single transaction of each work infringed).(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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