Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2024cv00639 |
| January 29, 2024 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 9
MEMORANDUM OPINION AND ORDER re: #7 MOTION for Discovery Third Party Early Discovery. filed by Strike 3 Holdings, LLC.For the reasons below, Plaintiff's motion is GRANTED. Accordingly, the Court finds that Plaintiff has established good cause to serve a third-party subpoena on Defendant's ISP prior to the Rule 26(f) conference. In addition, consistent with the practice in this District, there is good cause to issue a protective order in connection with this subpoena in light of the subject matter of the copyrighted material, as well as the risk of false identification of Defendant by IP address only. See Strike 3 Holdings, LLC, 2022 WL 4240156, at *1. Therefore, the Court grants Plaintiff's motion subject to the protective order as set forth below. IT IS HEREBY ORDERED that Strike 3 Holdings, LLC may 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 shall not subpoena the ISP for John Doe's email addresses or telephone numbers. IT IS FURTHER ORDERED that Spectrum shall have 60 days from the date of service of the Rule 45 subpoena upon it to serve upon Defendant a copy of the subpoena, a copy of this Order, and a copy of the "Notice to Defendant" attached hereto. 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 Defendant 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 Defendant 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). Spectrum may not turn over Defendants identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if Defendant or Spectrum files a motion to quash or modify the subpoena, Spectrum may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing Spectrum to resume turning over the requested discovery. IT IS FURTHER ORDERED that if the 60-day period lapses without Defendant or Spectrum contesting the subpoena, Spectrum shall have 10 days to produce the information responsive to the subpoena to Plaintiff. 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 Defendant may proceed anonymously as John Doe unless and until the Court orders otherwise. 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 Plaintiff with a billing summary and cost report. 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 Plaintiff's time to serve the Summons and Complaint on Defendant is extended to forty-five days after Plaintiff receives the information from Spectrum pursuant to the subpoena. Finally, IT IS HEREBY ORDERED that Plaintiff shall submit to the Court on or before April 29, 2024, and every 60 days thereafter until Defendant files an answer or otherwise responds to the Complaint, a status update in the form of a letter of not more than two pages. The status letter must describe Plaintiff's effort to obtain the necessary information from Spectrum and to serve Defendant. Failure to submit such letters in a timely manner may result in dismissal of this action for failure to prosecute. The Clerk of Court is respectfully directed to close the motion pending at ECF No. 7. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/29/2024) (jca)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION for Discovery Third Party Early Discovery. . Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Affidavit Declaration of Paige, #2 Affidavit Declaration of Williamson, #3 Affidavit Declaration of Stalzer).(James, Jacqueline)
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Filing 7
MOTION for Discovery Third Party Early Discovery. Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Proposed Order Proposed Order).(James, Jacqueline)
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Filing 6
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)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/17/2024 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/31/2024) (ks)
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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 Exhibit A).(James, Jacqueline)
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Case Designated ECF. (vf)
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Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacqueline Marie James. The party information for the following party/parties has been modified: John Doe, Strike 3 Holdings, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Jacqueline Marie James to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jacqueline Marie James. The following case opening statistical information was erroneously selected/entered: Dollar Demand 150,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to Blank; the County code has been modified to XX Out of State. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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)
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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 $ 405.00, Receipt Number ANYSDC-28875364)Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit 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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