Strike 3 Holdings, LLC v. Doe, No. 1:2021cv00259 - Document 9 (S.D.N.Y. 2021)

Court Description: MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that Strike 3 may immediately serve a Rule 45 subpoena on Verizon Fios, the ISP identified in its motion, to obtain information to identify Defendant. Plaintiff is permitted to obtain by this subpoe na only Defendant's true name and current and permanent address. Plaintiff shall not seek to obtain by this subpoena Defendant's email addresses or telephone numbers. The subpoena shall include a copy of this order along with the attached "Notice to Defendant." IT IS FURTHER ORDERED that Verizon Fios will have 60 days from the date of service of the Rule 45 subpoena upon them to serve Defendant with a copy of the subpoena, a copy of this order, and a copy of the "Notice to Defendant." The order should be attached to the "Notice to Defendants" such that the "Notice to Defendant" is the first page of the materials enclosed with the subpoena. Verizon Fios may serve Defendant using any reaso nable means, including written notice sent to Defendant's last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that Defendant shall have 60 days from the date of service of the Rule 45 subpo ena and this Order upon them to file any motions with the Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. Verizon Fios may not turn over Defendant's identifying information to Strike 3 before the expiration of this 60-day period. Additionally, if Defendant or Verizon Fios files a motion to quash the subpoena, Verizon Fios may not turn over any information to Strike 3 until the issues have been addressed and the Court issues an Order instructing Verizon Fios to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without Defendant or Verizon Fios contesting the subpoena, Verizon Fios shall have 10 days to produce the information responsive to the subpoena to Plaintiff. Should Defendant move to quash the subpoena or to proceed anonymously, Defendant shall at the same time as filing such motion also notify Verison Fios so that it is on notice not to release any of Defendant's information to Plaintiff until the Court rules on the motion. IT IS FURTHER ORDERED that the Verizon Fios shall preserve any subpoenaed information pending the resolution of any timely-filed motion to q uash. IT IS FURTHER ORDERED that Verizon Fios shall confer with Strike 3 and shall not assess any charge in advance of providing the information requested in the subpoena. Should Verizon Fios elect to charge for the costs of production, it shall prov ide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that Strike 3 shall serve a copy of this Opinion and Order along with any subpoenas issued pursuant to this order to Verizon Fios. IT IS FURTHER ORDERED that any information ul timately disclosed to Strike 3 in response to a Rule 45 subpoena may be used by Strike 3 solely for the purpose of protecting Strike 3's rights as set forth in its complaint. SO ORDERED. re: 7 MOTION for Discovery for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference filed by Strike 3 Holdings, LLC. (Signed by Judge Alison J. Nathan on 1/31/2021) (rjm)