Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.70.203.70

Background

Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties held a conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena seeks the true name and address of the defendant to whom Comcast Cable Communications, LLC assigned IP address 73.70.203.70.

Ruling

The court found that Strike 3 had shown “good cause” to obtain the early discovery. It granted the application and authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must include a copy of the order.

The court also authorized Strike 3 to serve a similar Rule 45 subpoena on any internet service provider identified in response as providing internet services to the defendant. The order treats the authorized subpoenas as court orders allowing disclosure under 47 U.S.C. § 551, provided the subscriber is notified.

Notice and challenges

Each internet service provider has 30 days after service to give each affected subscriber a copy of the subpoena and the order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.

The providers must preserve the subpoenaed information until they provide it to Strike 3 or the court finally resolves a timely motion to quash. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. The order also requires information concerning any current or proposed defendant to be filed under seal and not otherwise disclosed.

Disposition

Judge Joseph C. Spero granted Strike 3 Holdings, LLC’s ex parte application for leave to serve a third-party subpoena before the Rule 26(f) conference. The order concerns discovery and does not decide whether the defendant infringed copyright or otherwise resolve the underlying claims.