Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 24.130.191.32

Background

Strike 3 Holdings, LLC filed an ex parte application—an application made without a regular hearing involving the opposing party—for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena would be directed to Comcast Cable Communications, LLC and would seek the true name and address of the defendant associated with IP address 24.130.191.32.

Ruling

The court found that Strike 3 had shown good cause and allowed it 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 allowed Strike 3 to serve the same type of subpoena on any other internet service provider identified in response as providing internet services to the defendant.

The court stated that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551. Each internet service provider must notify each subscriber whose information is sought by providing the subscriber with copies of the subpoena and this order within 30 days after being served. The subscriber or 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 that period expires without a challenge, the provider has 10 days to give Strike 3 the responsive information.

Additional Conditions

Any provider receiving a subpoena must preserve the requested information until it gives the information to Strike 3 or a timely motion to quash is finally resolved. Strike 3 may use information disclosed in response only to protect its rights under the Copyright Act. Information identifying any current or proposed defendant must be filed under seal and may not otherwise be disclosed.

Disposition and Effect

The court granted Strike 3 permission to pursue early third-party discovery for the defendant’s identity and address. The order did not decide whether the defendant infringed copyright or resolve the underlying lawsuit.