Strike 3 Holdings, LLC v. Doe
| Strike 3 Holdings, LLC |
| John Doe |
| 1:2024cv00644 |
| January 29, 2024 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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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) |
| Filing 7 MOTION for Discovery Third Party Early Discovery. Document filed by Strike 3 Holdings, LLC. (Attachments: #1 Proposed Order Proposed Order).(James, Jacqueline) |
Filing 6
ORDER: Accordingly, it is hereby ORDERED that Strike 3 may serve a Rule 45 subpoena on Verizon Fios, 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. The subpoena shall have a copy of this Order attached, along with the attached "Notice to Defendant." IT IS FURTHER ORDERED that Verizon Fios 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. Verizon Fios 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 John Doe shall have 30 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. Verizon Fios may not turn over John Doe's identifying information to Strike 3 before the expiration of this 30-day period. Additionally, if John Doe or Verizon Fios files a motion to quash the subpoena, Verizon Fios may not turn over any information to Strike 3 until the issues have been addressed and the Court issues an Order instructing Verizon Fios to resume in turning over the requested discovery. 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 Verizon Fios 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 if that 30-day period lapses without John Doe or Verizon Fios contesting the subpoena, Verizon Fios shall have 10 days to produce to the plaintiff the information responsive to the subpoena.IT IS FURTHER ORDERED that Verizon Fios shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash. IT IS FURTHER ORDERED that Verizon Fios shall confer with Strike 3 and shall not assess any charge in advance of providing the information requested in the subpoena. Should Verizon Fios elect to charge for the costs of production, it shall provide a billing summary and cost report to the plaintiff. IT IS FURTHER ORDERED that Strike 3 shall serve a copy of this Order along with any subpoenas issued pursuant to this Order to Verizon Fios. IT IS FURTHER ORDERED that any information ultimately disclosed to Strike 3 in response to a Rule 45 subpoena may be used by Strike 3 solely for the purpose of protecting Strike 3's rights as set forth in its complaint. (Signed by Judge Denise L. Cote on 2/5/2024) (vfr) (Additional attachment(s) added on 2/5/2024: #1 Supplement Notice to Defendant) (vfr).
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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) |
| 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) |
| ***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. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah L. Cave 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. (jgo) |
| ***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 none; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacqueline Marie James. The party information for the following party/parties has been modified: Strike 3 Holdings, LLC; John Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party text was removed from Plaintiff and added to Defendant. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(jgo) |
| 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 $ 405.00, Receipt Number ANYSDC-28875427)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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