Strike 3 Holdings, LLC v. Doe

Filing 12

ORDER granting 11 Letter Motion for Extension of Time to File. Plaintiff's request at ECF No. 11 is GRANTED, and the deadline for it to effectuate service is EXTENDED up to and including January 4, 2025. The Clerk of Court is respectfully directed to close ECF No. 11. SO ORDERED.. (Signed by Magistrate Judge Sarah L. Cave on 8/29/2024) (ks)

The James Law Firm
445 Hamilton Avenue
Suite 1102
White Plains, NY 10601
T: [phone]
F: [phone]

JACQUELINE M. JAMES, ESQ.

[e-mail]
jacquelinejameslaw.com

August 28, 2024

Plaintiff's request at ECF No. 11 is GRANTED,
and the deadline for it to effectuate service is
EXTENDED up to and including January 4, 2025.
The Clerk of Court is respectfully directed to
close ECF No. 11.
SO ORDERED. August 29, 2024

The Honorable Sarah L. Cave
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Re: 1:24-cv-04126-AKH-SLC; Plaintiff’s Request for an Extension of Time Within Which to
Effectuate Service on Defendant
Dear Judge Cave,
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 an extension of the time within which to effectuate service
on John Doe.
On May 30, 2024, Plaintiff filed the instant case against John Doe subscriber assigned IP
address 74.71.233.196 claiming Defendant’s direct infringement of Plaintiff’s works through
BitTorrent protocol.
On June 7, 2024, Plaintiff filed a Motion for Leave to Serve a Third-Party Subpoena
Prior to a Rule 26(f) Conference (“Motion for Leave”) in order to serve a third party subpoena
on Defendant’s ISP.
On June 25, 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 1, 2024, and in
accordance with the time allowances provided to both the ISP and Defendant, expects to receive
the ISP response on or about November 5, 2024.
Pursuant to Fed. R. Civ. P. Rule 4(m), Plaintiff is required to effectuate service on the
Defendant no later than August 28, 2024.
Because Plaintiff does not expect to receive the ISP response until November 5, 2024,
and Defendant’s identity is unknown to Plaintiff at this time, Plaintiff is unable to comply with
the current deadline to effect service of process.

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Plaintiff respectfully requests that the deadline to effect service be extended for sixty (60)
days from November 5, 2024 (the date Plaintiff expects to receive the ISP response), and thus the
deadline to effect service be extended to January 4, 2025. This extension should allow Plaintiff
time to receive the ISP response, to conduct a further investigation to assist in determining
whether the individual identified by the ISP is the appropriate defendant for this action, and, if a
good faith basis continues to exist, to proceed against that individual (or someone else), amend
the Complaint to name the Defendant and attempt to effect service of process on that individual.
For the foregoing reasons, Plaintiff respectfully requests that the time within which it has
to effectuate service of the summons and Amended Complaint on Defendant be extended to
January 4, 2025.
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]

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