Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.63.220.171

Background

Strike 3 Holdings, LLC filed an ex parte application, meaning a request made without waiting for a conference with the opposing party, for permission to serve a third-party subpoena before the Rule 26(f) conference. The subpoena process was directed initially to Comcast Cable Communications, LLC and sought the true name and address of the defendant associated with IP address 73.63.220.171.

Ruling

The court found that Strike 3 Holdings had shown good cause and granted the application. Strike 3 Holdings may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, attaching a copy of the order. It may also serve the same type of subpoena on any service provider identified in response as providing internet service to the defendant.

The court stated that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551. Each internet service provider has 30 days after being served to notify each subscriber whose information is sought and provide the subscriber with copies of the subpoena and order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information.

Additional Requirements

The providers must preserve the subpoenaed information until they deliver it to Strike 3 Holdings or a timely motion to quash is finally resolved. Strike 3 Holdings may use information disclosed under the subpoenas only to protect its rights under the Copyright Act. Filings containing the identity of any current or proposed defendant must be filed under seal and not otherwise disclosed. The court’s order concerns discovery and disclosure procedures; it does not resolve the underlying copyright dispute.