Strike 3 Holdings v. John Doe subscriber assigned IP address 108.201.185.183

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena was directed initially to AT&T Internet Services, identified in the order as the “Initial ISP Provider,” and sought information identifying the defendant associated with IP address 108.201.185.183.

Ruling

The court found that Strike 3 Holdings had shown good cause to serve the subpoena. The court authorized Strike 3 Holdings to serve AT&T Internet Services with a subpoena under Rule 45 seeking only the defendant’s true name and address. A copy of the order must accompany the subpoena.

The court also authorized Strike 3 Holdings to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet service to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s notice requirement.

Notice and challenges

Each internet service provider must notify each subscriber whose identifying information is sought within 30 days after being served. The subscriber and the provider each have 30 days after service 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 to Strike 3 Holdings.

The providers must preserve the subpoenaed information while it is being delivered or while a timely motion to quash is being resolved. Information disclosed in response to a subpoena may be used only to protect Strike 3 Holdings’ 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 filing procedure.