Strike 3 Holdings LLC v. Doe subscriber assigned IP address 76.156.106.47

Background

Strike 3 Holdings, LLC filed 32 similar copyright-infringement cases against unidentified John Doe defendants. In the case involving IP address 76.156.106.47, Strike 3 alleged that the defendant used BitTorrent to unlawfully download and distribute Strike 3’s copyrighted movies. Strike 3 said its infringement-detection system identified the IP address but that the internet service provider was the only party able to connect the address to a subscriber’s name and address.

Strike 3 filed an ex parte motion—meaning a request made without advance participation by the opposing party—for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. A subpoena is a legal demand for information from a person or organization that is not a party to the lawsuit. Strike 3 sought permission to subpoena the defendant’s internet service provider for the subscriber’s name and address during the period of the alleged infringement.

Court’s analysis

The court applied the good-cause standard used in similar cases in the District of Minnesota. It considered whether expedited discovery was needed and whether the need outweighed prejudice to the responding party. The court also applied five factors: whether Strike 3 showed a concrete preliminary claim of harm; whether the discovery request was specific; whether other ways existed to obtain the information; whether the information was needed for the case to proceed; and the subscriber’s privacy expectations.

The court found expedited discovery warranted because Strike 3 had stated an actionable copyright-infringement claim, requested only the subscriber’s name and address, had no alternative way to obtain that information, and could not proceed without identifying the defendant. The court also recognized that the subscriber might not be the actual infringer and that the allegations involved sensitive and potentially embarrassing subject matter. It therefore included privacy protections in the order.

Ruling

The court GRANTED Strike 3’s motion in Case No. 24-cv-2430, along with the substantively identical motions in the other 31 cases. Strike 3 may serve a Federal Rule of Civil Procedure 45 subpoena on the relevant internet service provider, seeking only the name and address of the subscriber assigned to the IP address during the time period identified in the complaint.

The subpoena must give at least 60 days’ notice before production is required and may request only one category of documents identifying the subscriber. The internet service provider must notify the subscriber within 14 calendar days after receiving the subpoena. The subscriber then has 45 calendar days from that notice to seek a protective order, file a responsive pleading, or both. No other discovery is authorized at this time.

Strike 3 may not publicly disclose information produced in response to the subpoena until the defendant has had an opportunity to ask to proceed anonymously and the court rules on that request. The order also requires Strike 3 to file a status report in each of the 32 cases by December 9, 2024, without including information identifying any defendant. The order does not decide whether the anonymous subscriber committed copyright infringement.