Just 10 days before Christmas, Strike 3 Holdings has filed another case (2020-030127-CC-05), in Miami-Dade County Court, this time to ask for subpoenas for 56 Comcast subscribers across the country. This includes California (28 identities), Michigan (5 identities), Illinois (5 identities), Maryland (5 identities), New Jersey (5 identities), Washington, DC (3 identities), Pennsylvania (2 identities), and Connecticut (3 identities). Strike 3 claims these subscribers have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. Once the court grants the subpoena, Comcast is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).
Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.
Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.
If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings, and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are.
The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3.
I’m happy to explain to you your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.