Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.122.236

Background

Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena is directed to Comcast Cable, identified in the order as the Internet service provider, and seeks the true name and address of the John Doe defendant associated with the Internet Protocol address listed in the complaint and case caption.

Ruling

The court granted the ex parte application and found that Strike 3 Holdings had shown good cause to serve the subpoena under Federal Rule of Civil Procedure 45. Strike 3 Holdings may attach the order to a subpoena served on Comcast. It may also serve a similar subpoena on another Internet service provider identified in response to a subpoena as providing Internet services to the defendant.

If an Internet service provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber of the court order. More generally, each provider has 30 days after service to give the subscriber a copy of the subpoena and order by a reasonable method, including mail or overnight service.

The subscriber and provider each have 30 days after service on the subscriber to file a motion contesting the subpoena, including a motion to quash or modify it. If neither contests the subpoena during that period, the provider has 10 additional days to produce the responsive information for that subscriber. Strike 3 Holdings may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint.

Confidentiality protection

The court issued a limited protective order because the subscriber may not be the person associated with being publicly accused of illegally downloading adult motion pictures. Any name or other personal identifying information released to Strike 3 Holdings must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to move to proceed anonymously and the court has ruled on that motion. The protective order expires if the defendant does not file such a motion within 30 days after the information is disclosed.

Judge Haywood S. Gilliam, Jr. signed the order on September 20, 2024. The order concerns pretrial discovery and the process for identifying the unnamed defendant; it does not resolve the underlying claims.