Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.220.25.52

Background

Strike 3 Holdings, LLC asked for permission to serve a subpoena on a third party before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena seeks the true name and address of the defendant associated with IP address 76.220.25.52.

Court’s ruling

The court found that Strike 3 had shown “good cause” to obtain the information. It authorized Strike 3 to serve AT&T Inc. with a subpoena under Rule 45. The court also authorized Strike 3 to serve the same type of subpoena on any internet service provider identified in response as providing internet services to the defendant.

The order states that the subpoenas qualify as court orders authorizing disclosure under 47 U.S.C. § 551. Each provider must give the affected subscriber a copy of the subpoena and the order within 30 days after service. Each subscriber and provider then has 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to quash or modify it.

If the 30-day period after service on the subscriber expires without a challenge, the provider has 10 days to produce the responsive information. Providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. The information disclosed may be used only to protect Strike 3’s rights under the Copyright Act.

Disposition and classification

Judge Joseph C. Spero authorized the requested early third-party discovery subject to the notice, challenge, preservation, production, and use restrictions in the order. The order addressed discovery procedure and did not decide the merits of any copyright claim, so it is classified as a procedural order.