Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 75.134.153.63

Background

Strike 3 Holdings, LLC filed similar copyright-infringement lawsuits against John Doe defendants whose identities were not known. The complaints alleged that the defendants used the BitTorrent file-distribution system to download and distribute Strike 3’s copyrighted movies. Strike 3 alleged that its monitoring system, called VXN, detected the alleged distribution from Internet Protocol addresses assigned by Internet Service Providers.

The order addressed 51 substantively similar motions filed in 51 separate cases, including No. 24-cv-4057 involving the subscriber assigned IP address 75.134.153.63. Strike 3 sought permission to serve a Federal Rule of Civil Procedure 45 subpoena on each defendant’s Internet Service Provider before the parties held the conference generally required by Rule 26(f). Strike 3 sought only the subscriber’s name and address so it could identify the defendant, investigate the alleged infringement, and serve the defendant.

Court’s analysis

Rule 26(d)(1) generally prevents discovery before the Rule 26(f) conference unless authorized by the rules, agreement, or court order. The court explained that courts in the District of Minnesota typically apply a good-cause standard to requests for expedited discovery. Under that standard, the need for faster discovery must outweigh prejudice to the responding party.

The court applied five factors used in similar cases: whether the plaintiff showed a concrete initial claim of actionable harm; whether the discovery request was specific; whether other ways existed to obtain the information; whether the information was needed to advance the claim; and the defendant’s expectation of privacy.

The court concluded that expedited discovery was warranted in all 51 cases. It found that Strike 3 had sufficiently alleged a copyright-infringement claim, that the requests were limited to each defendant’s name and address, that there were no alternative means to obtain the information, and that the cases could not proceed without identifying the defendants. The court also recognized that the subscriber might not be the person who committed the alleged infringement and that the subject matter could be sensitive or embarrassing. It therefore imposed privacy protections.

Order and disposition

The court granted each of the 51 motions for leave to serve a third-party subpoena before the Rule 26(f) conference. The subpoenas may seek only the name and address of the subscriber assigned to the relevant IP address during the alleged-infringement period.

The subpoena must give the Internet Service Provider 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 the notice date to seek a protective order, file a responsive pleading, or both.

Strike 3 must include the order with each subpoena. No other discovery was authorized at that time. Strike 3 also may not publicly disclose information produced in response to a subpoena until the defendant has had an opportunity to request permission to proceed anonymously and the court rules on that request. The court directed Strike 3 to file a status report in each of the 51 cases by June 6, 2025, without including information identifying a defendant.