UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK one pe ee nena STRIKE 3 HOLDINGS, LLC, : Case No. [:22-cv-01624-JGK Plaintiff, : vs. JOHN DOE subscriber assigned IP address : 74.71.173.169, : Defendant. vente eet nanan erent encima inti ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE THIS CAUSE came before the Court upon Plaintiffs 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, LEC v. Doe 3, 604 F.3d 110 Qd Cir. 2010) (citing Sony Music Entm’t vy. Does 1-40, 326 F. Supp. 2d 556, 564-65 (S.D.N.Y. 2004); Malibu Media, LLC vy, 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 [SP 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 of the 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(¢)(2)(B), which states: A cable operator may disclose such [personal identifying] information 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 / ‘7 day of __/ “rey 202 A, By: _/ □□ UNITED STATES DISTRICT JUDGE