Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.133.24

Background

Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 67.180.133.24, alleging copyright infringement associated with the defendant’s internet protocol address. Strike 3 then asked for permission to serve Comcast Cable Communications, LLC, the internet service provider, with a subpoena before the parties’ required discovery-planning conference. The court found good cause and allowed the subpoena, which sought the defendant’s true name and address.

The court’s earlier order required any personal identifying information Comcast provided to Strike 3 to remain confidential. It also gave the defendant 30 days after disclosure to ask to proceed anonymously.

Motion to Quash

The defendant moved to quash, meaning to cancel, the subpoena and requested a protective order limiting discovery. The defendant argued that the requested information was privileged or confidential. The defendant also argued that an IP address could not be tied to one particular person because someone else might have used the internet connection.

Under Federal Rule of Civil Procedure 45, a court must quash a subpoena that requires disclosure of privileged or otherwise protected information or that creates an undue burden. Rule 26 permits discovery of nonprivileged information relevant to a claim or defense and proportional to the needs of the case.

The court rejected the defendant’s arguments. It relied on decisions holding that a person’s name and address are not sufficiently privileged in this type of subpoena dispute and that information voluntarily provided to an internet service provider is not privileged or protected. The court also stated that courts have rejected the argument that a registered subscriber’s possible lack of personal involvement prevents discovery of the subscriber’s identity. The court noted that the existing protective order already addressed privacy concerns.

Protective Order and Disposition

Strike 3 did not oppose a protective order allowing the defendant to litigate as “John Doe” until discovery closed and requiring the information provided by Comcast to remain confidential. The court therefore amended the earlier protective order so that any name or other personal identifying information released, or already released, by Comcast to Strike 3 must remain confidential. The defendant may proceed anonymously until the close of discovery.

Judge Jon S. Tigar denied the defendant’s motion to quash the subpoena and granted the unopposed request for a limited protective order.