For good reason, Courts apply "careful scrutiny when plaintiffs make [discovery] requests ex parte." Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14, 16 (E.D.N.Y. 2019) (citation and quotation omitted).
A court in this District recently denied a motion for early discovery and, in doing so, questioned whether the standard articulated in Arista applied to Rule 26(d)(1) motions. See Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14, 17 (E.D.N.Y. 2019) (Orenstein, J.) ("Strike 3 I"). In Strike 3 I, the Court observed that the different standards of review under Rule 26 and Rule 45 means that the Arista factors have limited utility when deciding a motion for early discovery.
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
See Strike 3 Holdings, LLC v. Doe, No. 3:21-cv-106-VLB, 2021 WL 6932974, at *2 (D. Conn. Feb. 18, 2018); Strike 3 Holdings, LLC v. Doe, 3:23-CV-1646 (SVN), 2024 WL 473773, at *2 (D. Conn. Feb. 7, 2024); Corey Sipkin Photography LLC, 2023 WL 6881683, at *2; Strike 3 Holdings, LLC v. Doe, No. 18-cv-2674-NLH-JS, 2020 WL 3567282 (D.N.J. June 30, 2020). While at least one court has questioned the applicability of the Arista test to Rule 26(d) motions, see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14 (E.D.N.Y. 2019), others have criticized that court's reasoning, see Strike 3 Holdings, LLC v. Doe, 19-cv-5818 (AT) (JLC), 2019 WL 5459693, at *2 (S.D.N.Y. Oct. 9, 2019).
; but see Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14, 17 (E.D.N.Y. 2019) (noting that, while the Arista Records factors are “relevant” and “a useful part of the analysis,” they are not “controlling” in this context). In Strike 3 Holdings, LLC v. Doe, Magistrate Judge Orenstein-tasked with resolving a motion like those at issue here-observed that the factors articulated by the Second Circuit in Arista Records dealt with a motion to quash a properly issued subpoena under Federal Rules of Civil Procedure Rule 45, and not whether a subpoena could be issued under Rule 26. 331 F.R.D. 14, 17 (E.D.N.Y. 2019).