Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.217.54.178

Background

Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to AT&T Inc., identified as the internet service provider, and sought the true name and address of the defendant associated with the IP address listed in Exhibit A to the complaint.

Court’s ruling

The court found that Strike 3 Holdings had established good cause to serve the subpoena early. The order authorizes Strike 3 Holdings to serve AT&T with a subpoena under Rule 45, provided that the order is attached. It also authorizes subpoenas to any other internet service provider identified in a response as providing internet service to one of the defendants.

The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber receives notice. Each provider has 30 days after service to notify each subscriber whose information is requested by providing the subpoena and this order. Each subscriber and provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If that period expires without a challenge, the provider has 10 days to provide the responsive information to Strike 3 Holdings.

Each provider must preserve the requested information until it provides the information or a timely challenge is finally resolved. Strike 3 Holdings may use disclosed information only to protect its rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant must be filed under seal, with redacted versions filed publicly. The plaintiff must continue using the existing case caption. Magistrate Judge Sallie Kim issued the order dated May 19, 2025.