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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nenene eeee K STRIKE 3 HOLDINGS, LLC, : : Case No, 1:22-cv-08787-JGK Plaintiff, :

JOHN DOE subscriber assigned IP address : 65.78.22.40, : Defendant. ee ee ett ti ene nee eee K ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE THIS CAUSE came before the Court upon PlaintifPs Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being duly advised in the premises does hereby: FIND, ORDER AND ADJUDGE: 1. Plaintiff established that “good cause” exists for it to serve a third party subpoena on RCN (hereinafter the “TSP”)}. See Arista Records, LLC v. Doe 3,

(2d Cir. 2010) (citing Sony Music Entm’t v. Does 1-40,

(S.D.N.Y. 2004)); Malibu Media, LEC v. John Does 1-11,

(S.D.N.Y. 2013) (same); John Wiley & Sons, Inc. v. Doe Nos. 1-30,

(S.D.N.Y. 2012) (same). 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name and address of the Defendant to whom the [SP assigned an IP address as set forth in the Complaint, Plaintiff shall attach to any such subpoena a copy of this Order.

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3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any service provider that is identified in response to a subpoena as a provider of Internet services to one of the Defendants. 4, If the ISP qualifies as a “cable operator,” as defined by

(5), which states: the term “cable operator” means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. it shall comply with

(c)(2)(B), which states: A cable operator may disclose such [personal identifying] information if the disclosure is... made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed. by sending a copy of this Order to the Defendant. 5. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff's rights as set forth in its Complaint. DONE AND ORDERED this / day of OO (éle1 02 ACL By: ¥ | hf UNITED/STATES DISTRICT JUDGE