Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties held a Rule 26(f) conference, the early meeting required in a federal civil case. The proposed subpoena was directed to Verizon Fios, identified as the internet-service provider. The defendant is listed as John Doe, a subscriber assigned IP address 108.54.250.178.

Court’s Analysis and Order

The court found that Strike 3 Holdings established “good cause” for early discovery. The order permits Strike 3 Holdings to serve Verizon Fios with a subpoena under Federal Rule of Civil Procedure 45 seeking the subscriber’s true name and address. The subpoena may not seek the subscriber’s telephone number or email address, and a copy of the order must be attached.

The order also permits Strike 3 Holdings to subpoena another internet-service provider if Verizon Fios identifies that provider as serving the subscriber. If Verizon Fios qualifies as a cable operator under the cited federal statute, it must send the subscriber a copy of the order as required by that statute.

Within 15 days after receiving the subpoena, the internet-service provider must reasonably try to identify the John Doe connected to the IP address and give that person a copy of the subpoena and order. If it cannot identify the user with a reasonable degree of technical certainty, it must notify Strike 3 Holdings’ counsel in writing.

Opportunity to Challenge the Subpoena

The subscriber has 45 days from service of the subpoena to file a motion challenging it, including a request to litigate anonymously. The internet-service provider may not disclose subpoenaed information during that period. If no challenge is filed, the provider must produce the information necessary to comply with the subpoena within 10 additional days.

The internet-service provider may also move to quash or otherwise object to the subpoena under Rule 45, while protecting the subscriber’s identifying information in its court filings. If a challenge is filed, the provider must withhold the information until the court resolves the challenge and orders disclosure. The provider must preserve the information while the challenge is pending.

Disposition

The order authorizes the specified early subpoenas and limits Strike 3 Holdings’ use of disclosed information to litigating this case. The Clerk of Court was directed to terminate the motion at docket entry 6. Judge Andrew L. Carter, Jr. did not decide the underlying claim in this order.