Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.242.52.89

Filing 17

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/2022 GRANTING Plaintiff's request. Plaintiff may formally serve Doe with the Summons and First Amended Complaint in this action. In order to do so, plaintiff may file under seal: (1) a n unredacted version of its First Amended Complaint; (2) an unredacted proposed summons; and (3) after service is effectuated on defendant, an unredacted return of service under seal, with a redacted version to be filed on the public docket. Plaintiff shall comply with Local Rule 141. The documents shall remain under seal until further order of the court. (Huang, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STRIKE 3 HOLDINGS, LLC, 12 13 14 15 16 17 No. 2:21-cv-1165-TLN-CKD Plaintiff, v. ORDER JOHN DOE subscriber assigned IP address 98.242.52.89, Defendant. Plaintiff filed this matter on June 30, 2021, alleging it holds the copyright on various adult 18 films, and that defendant is infringing on those copyrights by anonymously downloading and 19 distributing Strike 3’s films to others using the BitTorrent protocol. (ECF No. 1.) Plaintiff’s status 20 report filed on December 29, 2021 is before the court. (ECF No. 16.) 21 In this case, plaintiff initially sought to determine Doe’s identity by utilizing a state court 22 procedure in Florida. Doe was represented by counsel in that action. Plaintiff states defendant, 23 through counsel, has indicated he does not wish to take part in the informal conference 24 procedure outlined by the Court’s September 29, 2021 order. In addition, according to plaintiff, 25 defendant’s counsel has indicated counsel does not have authority from Doe to accept service on 26 Doe’s behalf. Accordingly, plaintiff now seeks to file redacted versions (redacting Doe’s name 27 and identifying information) of its First Amended Complaint, Summons and Return of Service on 28 the public docket and unredacted versions of these documents under seal. Plaintiff also asks the 1 1 court to amend its previous order to allow plaintiff to formally serve Doe with the Summons and 2 First Amended Complaint in this action. 3 Good cause appearing, IT IS HEREBY ORDERED: 4 1. Plaintiff’s request is granted. 5 2. Plaintiff may formally serve Doe with the Summons and First Amended Complaint in 6 7 this action. 3. In order to do so, plaintiff may file under seal: (1) an unredacted version of its First 8 Amended Complaint; (2) an unredacted proposed summons; and (3) after service is effectuated on 9 defendant, an unredacted return of service under seal, with a redacted version to be filed on the 10 public docket. 11 4. Plaintiff shall comply with Local Rule 141. 12 5. The documents shall remain under seal until further order of the court. 13 Dated: January 10, 2022 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 8.Strike3.1165.redact.seal 18 19 20 21 22 23 24 25 26 27 28 2

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