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Strike 3 Holdings Llc V Doe

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
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STRIKE 3 HOLDINGS, LLC,                     
                                                Case No, 1:25-cv-05667-JGK 
                        Plaintiff,            : 
                  V8.                         
JOHN DOE subscriber assigned IP address         : 
68.174.154.213, 
                        Defendant.            
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                  ORDER ON MOTION FOR LEAVE TO SERVE 
        THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE 
      THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to Serve a Third 
Party Subpoena Prior to  a Rule 26(f)  Conference  (the  “Motion”),  and the  Court being duly 
 advised in the premises does hereby: 
      FIND, ORDER AND ADJUDGE: 
       1.     Plaintiff established that “good cause” exists for it to serve a third party subpoena 
on Spectrum (hereinafter the “ISP”).  See Arista Records, LLC vy. Doe 3, 604 F.3d 110 (2d Cir. 
 2010) (citing Sony Music Entm’t v. Does 1-40, 326 F. Supp. 2d 556, 564-65 (S.D.N.Y. 2004)); 
Malibu Media, LLC v. John Does 1-11, 2013 WL 3732839 (S.D.N.Y. 2013) (same); John Wiley 
 & Sons, Inc. v. Doe Nos. 1-30, 284 F.R.D. 185, 189 (S.D.N.Y. 2012) (same). 
       2.     Plaintiff may serve the ISP with a Rule 45  subpoena commanding the ISP to 
provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 
IP address as set forth in the Complaint.  Plaintiff shall attach to any such subpoena a copy of 
this Order.

     3,     Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 
service provider that is identified in response to a subpoena as a provider of Internet services to 
one Bethe Defendants” 
     4.     If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), which 
states: 
     the term “cable operator’ means any person or group of persons 
     (A)  who provides cable service over a cable system and directly or through one 
         or more affiliates owns a significant interest in such cable system, or 
     (B)  who otherwise controls or is responsible for, through any arrangement, the 
         management and operation of such a cable system. 
it shall comply with 47 U.S.C. § 551(c)(2)(B), which states: 
     A  cable  operator may  disclose  such  [personal  identifying]  imformation  if the 
     disclosure is... made pursuant to a court order authorizing such disclosure, if the 
     subscriber is notified of such order by the person to whom the order is directed. 
by sending a copy of this Order to the Defendant. 
     5,     Plaintiff may  only  use  the  information  disclosed  in  response  to  a  Rule  45 
subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff's rights as set 
forth in its Complaint. 
     DONE AND ORDERED this  9 Aday of  ST       2025. 
                                          (          

                                  UNITED STATES DISTRICT JUDGE