Strike 3 Holdings, LLC v. Doe
Strike 3 Holdings, LLC v. Doe
Trial Court Opinion
Case 1iz5-cv-0126/-PKO = Doacuments-1L Filed QOd/eo/245 Pageloareé
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ene nce een ene erin ener STRIKE 3 HOLDINGS, LLC, : Case No. 1:25-cv-01267-PKC Plaintiff, : Vs. JOHN DOE subscriber assigned IP address : 98.14.132.98, : Defendant. pee cence ceettaeneanentnnsnee ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE THIS CAUSE came before the Court upon Plaintiff?s 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 Spectrum (hereinafter the “ISP’”). See Arista Records, LLC v. Doe 3,
604 F.3d 110(2d Cir. 2010) (citing Sony Music Enim’t v. Does 1-40,
326 F. Supp. 2d 556, 564-65(S.D.N.Y. 2004)); Malibu Media, LLC v. John Does 1-11,
2013 WL 3732839(S.D.N.Y. 2013) (same); John Wiley & Sons, Ine. v. Doe Nos. 1-30,
284 F.R.D. 185, 189(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.
Case Lizo-cV-Ol4Z0/-PRO vOCUmenN Filed Vared/ico 0 rage ce le
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
47 U.S.C. § 522(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 shal! comply with
47 U.S.C. § 551(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. rhe DONE AND ORDERED this 2) day of / ( poe k, , 202 5
ty we 7 ZZ (Ba By: EO NITED STATES DISTRICT JUDGE
Reference
- Status
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