Doe

INTRODUCTION

15 Pending before the Court is Defendant John Doe’s (“Defendant”) motion to quash 16 the third-party subpoena that Plaintiff Strike 3 Holdings, LLC (“Plaintiff”) issued to 17 Defendant’s internet service provider (“ISP”). Additionally, Defendant moves to dismiss 18 Plaintiff’s Complaint under Fed. R. Civ. P. 41 and seeks sanctions under Fed. R. Civ. P. 19 11. Having carefully considered the pleadings in this action, and for the reasons set forth 20 below, the Court hereby DENIES Defendant’s motion to quash; motion for sanctions; and 21 motion to dismiss.

BACKGROUND

23 Plaintiff is the owner of adult-content movies distributed through websites and 24 DVDs. Doc. No. 1 at 1. Plaintiff alleges that Defendant has used the BitTorrent protocol to 25 download and distribute Plaintiff’s movies to others in violation of Plaintiff’s copyrights 26 in the material. Id. at 2. Specifically, Plaintiff asserts that Defendant anonymously 27 infringed its copyrights by illegally downloading and distributing 65 movies over an 28 extended period of time. Id. Plaintiff used an investigator to discover the IP address, where its works were downloaded using…