Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.15.67.119

Background

Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to AT&T U-Verse and sought the true name and address of the defendant associated with IP address 104.15.67.119.

Ruling

The court found that Strike 3 had shown “good cause” to issue the subpoena. It authorized Strike 3 to serve AT&T with a subpoena under Rule 45 seeking the defendant’s identifying information. It also authorized subpoenas to any other internet service provider identified in response as providing internet service to the defendant.

The order stated that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551. Each provider must serve the affected subscriber with the subpoena and this order within 30 days after service on the provider. The subscriber or provider then has 30 days after service to file a motion contesting the subpoena, including a motion to cancel or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information.

The providers must preserve the subpoenaed information while awaiting production or resolution of a timely motion to cancel the subpoena. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. The order further requires that the name or other personal identifying information of any current or proposed defendant, or any other subscriber identified through a subpoena, be filed under seal and not otherwise disclosed. Chief Magistrate Judge Joseph C. Spero issued the order.