Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the required conference at which the parties ordinarily discuss and plan the case. The subpoena is directed to Spectrum, identified in the order as the Internet service provider, and seeks the true name and address of the defendant associated with the Internet address listed in the complaint.

Court’s Analysis and Order

The court found that Strike 3 Holdings established “good cause” for early discovery. The court authorized Strike 3 Holdings to serve Spectrum with a subpoena under Federal Rule of Civil Procedure 45, attaching a copy of the order. The court also authorized Strike 3 Holdings to serve a similar subpoena on any other Internet service provider identified in response as providing Internet services to one of the defendants.

If Spectrum qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B). Under that provision as quoted in the order, a cable operator may disclose personal identifying information under a court order if the subscriber is notified of the order by the person receiving it. The order therefore requires a copy of the order to be sent to the defendant.

Disposition

The court authorized the early subpoenas and limited Strike 3 Holdings’ use of information obtained through a subpoena served on the Internet service provider to protecting and enforcing the rights described in the complaint. The clerk was directed to terminate the motion at ECF No. 8.