NEW YORK (LN) — The order, issued May 11, resolves a dispute in Strike 3 Holdings, LLC v. Doe, 1:26-cv-03279, where the plaintiff sought to pierce the anonymity of an alleged copyright infringer before completing initial disclosures under Federal Rule of Civil Procedure 26.
Strike 3 Holdings, represented by Jacqueline Marie James of The James Law Firm, moved for leave to serve a third-party subpoena on Verizon Online LLC to ascertain the identity of the John Doe defendant.
Schofield applied the "flexible standard of reasonableness and good cause" used in the Second Circuit to evaluate expedited discovery requests, citing factors such as the concreteness of the plaintiff's claim, the specificity of the discovery request, and the defendant's expectation of privacy.
The judge found that Strike 3 satisfied these requirements, noting that the plaintiff sought only the defendant's true name and permanent address—a "limited set of facts that are highly specific in nature."
Schofield emphasized that without this discovery, Strike 3 appeared unable to ascertain the defendant's identity or effect service of the complaint.
However, the order also addressed "substantive concerns related to Defendant's privacy," particularly given the nature of the copyrighted material and the risk of false identification.
Strike 3 did not oppose allowing the defendant to proceed anonymously toward the resolution of the case, and the court incorporated several safeguards into the order.
The ISP is prohibited from turning over the defendant's identifying information to Strike 3 until 60 days have passed the ISP serves the defendant with the subpoena and the court's order.
During this 60-day window, the defendant may file motions to quash or modify the subpoena. If such a motion is filed, the ISP must preserve the subpoenaed information and cannot release it until the court resolves the motion.
Schofield also barred Strike 3 from initiating settlement discussions prior to service of the complaint without leave of the court, though the plaintiff may participate in and settle the case if the defendant initiates such discussions.
The order explicitly limits the scope of the subpoena, stating that Strike 3 is not permitted to subpoena the ISP for the defendant's email address or telephone number.
Any information ultimately disclosed to Strike 3 may be used solely for the purpose of protecting the plaintiff's rights as set forth in its complaint.
The ISP was ordered to confer with Strike 3 and not to assess any charge in advance of providing the requested information, though it may submit a billing summary and cost report if it elects to charge for production costs.
The initial pretrial conference scheduled for May 19, 2026, has been adjourned to July 21, 2026, at 3:15 p.m. at the Thurgood Marshall United States Courthouse.
The parties are directed to submit a joint status letter and proposed case management plan by July 14, 2026, and Strike 3 must file a status letter with the court by June 3, 2026.
The Clerk of Court is directed to terminate the motions at dockets 9 and 11.