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Strike 3 Holdings LLC v. Doe

Website Operator May Subpoena ISP Verizon Fios to Ascertain Doe Defendant's Identity

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MEMORANDUM OPINION & ORDER Plaintiff Strike 3 Holdings, LLC (“Strike 3″) now moves ex parte, pursuant to Federal Rule of Civil Procedure 26(d)(l), for leave to serve a third party subpoena prior to a Rule 26(f) conference. Dkt. No. 6. Specifically, Plaintiff seeks to serve a subpoena on Verizon Fios, an Internet Service Provider (“ISP”), in order to ascertain the identity of the John Doe defendant in this case, whose Internet Protocol (“IP”) address has been associated with infringement of Strike 3′s copy1ighted works. For the reasons below, Plaintiff’s motion is GRANTED. I. BACKGROUND Plaintiff operates three adult film websites through which it makes its copyrighted film content available to subscribers. Declaration of David Williamson, Dkt. No. 7-1, 13. It earns revenue through subscriptions, sales of DVDs and licensing. Id. 37. Plaintiff believes it suffers serious economic harm by virtue of the fact that many of its copyrighted works are made available, illegally, for free download via file sharing platforms, including an internet protocol called BitTorrent. Id.

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