Strike 3 Holdings, LLC v. Doe

Filing 6

MEMORANDUM AND ORDER granting 5 Motion for Discovery to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by Judge Paula Xinis on 11/18/2020. (heps, Deputy Clerk)

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Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 1 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 2 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 3 of 8 Having considered the concerns raised by other courts that have addressed similar cases, and Strike 3’s motion requesting permission to initiate discovery to identify the Doe Subscribers, the motion is GRANTED, subject to the following conditions and limitations. 1. Strike 3 may obtain from the clerk a subpoena to be served on the ISP through which the Doe Subscriber allegedly downloaded the copyrighted work, and may serve the ISP in accordance with Fed. R. Civ. P. 45. The subpoena may command production of documents and or electronically stored information (collectively, “Information”) identifying the Doe Subscriber. The subpoena shall have, as an attachment, a copy of the complaint filed in this lawsuit, and a copy of this Order. 2. After having been served with the subpoena, the ISP will delay producing to Strike 3 the subpoenaed Information until after it has provided the Doe Subscriber with: a. Notice that this suit has been filed naming the Doe Subscriber as the one that allegedly downloaded copyright protected work; b. A copy of the subpoena, the complaint filed in this lawsuit, and this Order; c. Notice that the ISP will comply with the subpoena and produce to Strike 3 the Information sought in the subpoena unless, within 30 days of service of the subpoena, the Doe Subscriber files a motion to quash the subpoena or for other appropriate relief in this Court. If a timely motion to quash is filed, the ISP shall not produce the subpoenaed Information until the Court acts on the motion. 3. The Doe Subscriber may move to quash the subpoena anonymously, but MUST PROVIDE his or her name and current address to the Clerk of the Court so that the Court may provide notice of the filings to the Subscriber. This may be accomplished by completing and mailing to the Clerk of the Court the attached form. This contact information will not be disclosed to the Plaintiff and will be used solely for the purposes stated above. The Court will not decide any motions until the Doe Subscriber has provided all required information. If the Doe Subscriber fails to file a motion to quash the subpoena or for other appropriate relief within 30 days, the ISP shall provide to Strike 3 the Information requested in the Subpoena within 14 days. Strike 3’s use of this Information shall be restricted as further provided in this Order. Pursuant to Rule 45(c), Strike 3 shall reimburse the ISP for its reasonable costs and expenses, including attorney’s fees, associated with complying with the subpoena and this Order. 3 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 4 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 5 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 6 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 7 of 8 Case 8:20-cv-02946-PX Document 6 Filed 11/18/20 Page 8 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND STRIKE 3 HOLDINGS, LLC, Plaintiff, v. JOHN DOE subscriber assigned IP address 108.56.198.21 Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Case No. EX-PARTE NOTICE OF IDENTITY AND CURRENT ADDRESS I, (full name) ______________________________ am identified as the Doe Defendant _______________________ in the above-captioned matter. I hereby advise the Clerk of Court that my current address and telephone number are as follows: _________________________________________________________________________________ ________________________________________________________________________________. Pursuant to the court's order, I understand that this information will be docketed as an ex parte submission so that only court personnel, and not Plaintiff, will be able to view this information. ___________________ Date ______________________________ Signature 8

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