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