Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.57.10.47

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The defendant was identified in the caption as “John Doe Subscriber Assigned IP Address 75.57.10.47.” The opinion authorized discovery directed to internet service providers, but it did not provide additional facts about the underlying copyright allegations.

Ruling

The court found that Strike 3 had shown good cause to serve a Rule 45 subpoena on AT&T U-verse, identified as the initial internet service provider. The subpoena may seek only the defendant’s true name and address associated with IP address 75.57.10.47. The court also authorized subpoenas to any other internet service provider identified in response as providing internet service to the defendant.

The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551(c)(2)(B). Each provider must notify each affected subscriber within 30 days after service, using a reasonable method such as first-class mail or overnight delivery. Each subscriber and provider has 30 days after service to file a motion challenging 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. Providers must preserve the information while awaiting production or resolution of a timely challenge.

The order limited any disclosed information to Strike 3’s use in protecting its rights under the Copyright Act. Documents containing a current or proposed defendant’s name or other identifying information must be filed under seal, following the court’s local sealing procedures. The court granted Strike 3’s ex parte motion for leave to serve the subpoenas before the Rule 26(f) conference.