Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 174.62.119.112

Background

Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena on Comcast Cable Communications, LLC before the Rule 26(f) conference. A Rule 26(f) conference is the early meeting at which parties generally discuss how a civil case will proceed. The proposed subpoena sought to identify the subscriber assigned the internet protocol address listed in the case caption.

Ruling

The court granted the ex parte application. “Ex parte” means the request was presented without the opposing party participating in the request. The court authorized Strike 3 to serve the subpoena on Comcast before the Rule 26(f) conference, subject to these conditions:

- The subpoena may request only the actual name and address of the subscriber to whom Comcast assigned the listed internet address during the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act identified in Exhibit A to the complaint. - Strike 3 must attach a copy of the order to the subpoena and may use information Comcast provides only to protect Strike 3’s rights described in the complaint. - Comcast must serve the subscriber with copies of the subpoena and the order within 14 days after Comcast is served. - The subpoena’s return date must be at least 45 days after Comcast is served. Comcast may not disclose identifying information to Strike 3 before that return date or before any motion to quash or modify the subpoena is resolved. - John Doe has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it, in the court district where compliance is required. - Comcast must preserve the subpoenaed information while any timely motion to quash or modify is pending. - If Comcast gives identifying information to Strike 3, Strike 3 may not publicly disclose it until John Doe has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If John Doe does not seek permission to proceed anonymously within 30 days after the information is disclosed to Strike 3, the limited protective order will expire. Papers containing identifying information may be filed under seal while the court considers the anonymity request. - Strike 3 must obtain the court’s permission before serving a subpoena on any other service provider in this matter.

Effect of the Order

The order permits limited early discovery aimed at identifying the subscriber associated with the internet address. It does not determine whether the alleged infringement occurred, whether John Doe was responsible, or whether Strike 3 will prevail on its claims.