Strike 3 Holdings v. John Doe subscriber assigned IP address 107.213.157.117

Background

Strike 3 Holdings, LLC asked for leave to serve a third-party subpoena on AT&T, Inc., identified in the order as “AT&T Internet,” before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena seeks the true name and address of the subscriber to whom AT&T Internet assigned IP address 107.213.157.117.

Court’s analysis

The court found good cause for early discovery. It determined that Strike 3 had shown that:

- it could identify a real person or entity who could be sued in federal court; - it had described steps already taken to locate the defendant; - its copyright-infringement action could withstand a motion to dismiss; and - there was a reasonable likelihood that discovery would identify the defendant and make service of process possible.

The court also noted that Strike 3’s application indicated that it had met the copyright-registration requirements under 17 U.S.C. § 411(a). The order stated that, once the defendant’s identity is learned, the internet address associated with the alleged infringing activity could support a plausible claim for direct or contributory copyright infringement. At this stage, the court allowed discovery to determine the defendant’s identity; it did not decide whether copyright infringement occurred or whether the subscriber was liable.

Order

The court granted Strike 3’s application. Strike 3 may serve a subpoena under Rule 45 on AT&T Internet requiring it to provide the subscriber’s true name and address, and Strike 3 must attach a copy of the order to the subpoena.

AT&T Internet must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on AT&T Internet. AT&T Internet may object to the subpoena and may seek a protective order, which is a court order limiting or regulating discovery.

Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. If AT&T Internet provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.