Suite 1102 [email protected] White Plains, NY 10601 jacquelinejameslaw.com

May 2, 2022

The Honorable Kenneth M. Karas The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, NY 10601-4150 Re: 7:22-cv-00793-KMK; Plaintiff’s Request for an Extension of Time Within Which to Effectuate Service on Defendant Dear Judge Karas, The James Law Firm, PLLC represents Plaintiff in the above captioned matter. This matter has been filed as a John Doe against the internet subscriber assigned the referenced IP address. Plaintiff respectfully requests an extension of the time within which to effectuate service on John Doe. On January 31, 2022, Plaintiff filed the instant case against John Doe subscriber assigned IP address 68.197.204.188 claiming Defendant’s direct infringement of Plaintiff’s works through BitTorrent protocol [CM/ECF 1].

On February 5, 2022, Plaintiff filed a Letter Motion for Leave to File a Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference in order to serve a third-party subpoena on Defendant’s ISP (“Letter Motion”). [CM/ECF 6]. On March 24, 2022, the Court granted Plaintiff’s Letter Motion. [CM/ECF 7].

Accordingly, on April 4, 2022, Plaintiff filed its Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference in order to serve a third-party subpoena on Defendant’s ISP (“Motion”). [CM/ECF 8].

To date, Plaintiff’s Motion is currently pending before the Court. Without permission to serve a third-party subpoena on Defendant’s ISP, Plaintiff cannot learn Defendant’s identity and, therefore, is currently unable to effectuate service of process.

Pursuant to Fed. R. Civ. P. Rule 4(m), Plaintiff is required to effectuate service on the Defendant no later than May 1, 2022. Plaintiff respectfully requests that the deadline to effect service be extended for an additional sixty (60) days, and thus the deadline to effect service be extended to June 30, 2022. For the foregoing reasons, Plaintiff respectfully requests that the time within which it has to effectuate service of the summons and Amended Complaint on Defendant be extended to June 30, 2022. Respectfully Submitted, By: /s/Jacqueline M. James Granted. Jacqueline M. James, Esq. (1845) The James Law Firm, PLLC Plaintiff's Motion for leave to serve a third- 445 Hamilton Avenue, Suite 1102 party subpoena prior to a Rule 26(f) conference White Plains, New York 10601 is also granted. (See Dkt. No. 8.) Courts in this T: 914-358-6423 district have consistently granted similar F: 914-358-6424 requests. See, e.g., Strike 3 Holdings, LLC v. Doe, [email protected] No. 19-CV- 5866,

, at *1 (S.D.N.Y. Aug. 21, 2019) (“[C]ourts in this district consistently have reached the same conclusion and determined that pre-Rule 26(f) conference subpoenas are warranted in copyright infringement cases brought by Strike 3 and other similar entities.); Strike 3 Holdings, LLC v. Doe, No. 18-CV-2648,

, at *3 (S.D.N.Y. Jan. 2, 2019) (“Plaintiff’s subpoena clearly seeks relevant information.”); Strike 3 Holdings, LLC v. Doe, No. 17-CV-9659,

, at *2 (S.D.N.Y. May 23, 2018) (“Plaintiff’s subpoena is entirely proper.”). The Clerk of Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 8, 10.) So Ordered. White Plains, NY May 3, 2022