Strike 3 Holdings, LLC v. Doe

Filing 21

ORDER granting 20 Letter Motion to Adjourn Conference. Request GRANTED. The December 4, 2024 Initial Pretrial Conference before Judge Rochon is hereby adjourned. Plaintiff shall continue to submit status letters in accordance with Dkt. 16 describ ing Plaintiff's effort to obtain the necessary information from Spectrum and to serve Defendant. Plaintiff shall file proof of service promptly when Defendant is served. The IPTC will then be rescheduled. (Signed by Judge Jennifer L. Rochon on 11/25/2024) (jjc)

The James Law Firm
445 Hamilton Avenue
Suite 1102
White Plains, NY 10601

JACQUELINE M. JAMES, ESQ.

T: [phone]
F: [phone]
[e-mail]
jacquelinejameslaw.com

November 22, 2024
The Honorable Jennifer L. Rochon
Daniel Patrick Moynihan
and United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Re: 1:24-cv-02517-JLR; Plaintiff’s Request to Adjourn the Initial Pretrial Conference
Scheduled for December 4, 2024 at 9:30 AM
Dear Judge Rochon,
The James Law Firm, PLLC represents Plaintiff in the above captioned matter. This
matter has been filed as a John Doe against the internet subscriber assigned the referenced IP
address. Plaintiff respectfully requests for an adjournment of the Initial Pretrial Conference currently
scheduled for December 4, 2024 at 9:30 a.m. until after the Defendant is named and served.

On April 2, 2024, Plaintiff filed the instant case against John Doe subscriber assigned IP
address 74.65.211.75 claiming Defendant’s direct infringement of Plaintiff’s works through
BitTorrent protocol. On May 23, 2024, Plaintiff filed a Motion for Leave to Serve a Third-Party
Subpoena Prior to a Rule 26(f) Conference in order to serve a third party subpoena on
Defendant’s ISP (“Motion for Leave”).
On July 8, 2024, the Court granted Plaintiff leave to serve a third-party subpoena.
Plaintiff served Defendant’s ISP with a third-party subpoena on or about July 11, 2024 and, in
accordance with the time allowances provided to both the ISP and the Defendant, expected to
receive the ISP’s response on or about November 18, 2024.
As of the date of this filing, Plaintiff has not yet received the ISP response but will follow
up with the ISP regarding the overdue response.
Pursuant to the Court’s Notice of Initial Conference dated April 4, 2024, there was a
conference scheduled for December 5, 2024 at 10:00 a.m.
On November 12, 2024, the Court reset the Initial Pretrial Conference scheduled for
December 5, 2024 to December 4, 2024 at 9:30 a.m.
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Prior to the conference, the parties are required to confer and submit to the Court a proposed
Case Management Plan. However, because Defendant’s identity is unknown to Plaintiff at this
time, Plaintiff has not been able to confer with Defendant regarding the Case Management Plan.
For the foregoing reasons, Plaintiff respectfully requests that the Initial Conference
scheduled for December 4, 2024 be adjourned until after the Defendant has been served with the
summons and Complaint.
Respectfully Submitted,
By: /s/Jacqueline M. James
Jacqueline M. James, Esq. (1845)
The James Law Firm, PLLC
445 Hamilton Avenue, Suite 1102
White Plains, New York 10601
T: 914-358-6423
F: 914-358-6424
[e-mail]
Request GRANTED. The December 4, 2024 Initial Pretrial
Conference before Judge Rochon is hereby adjourned.
Plaintiff shall continue to submit status letters in
accordance with Dkt. 16 describing Plaintiff's effort to
obtain the necessary information from Spectrum and to
serve Defendant. Plaintiff shall file proof of service
promptly when Defendant is served. The IPTC will then be
rescheduled.
Dated: November 25, 2024
New York, New York

SO ORDERED.
JENNIFER L. ROCHON
United States District Judge

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