Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.199.77.48

Background

Strike 3 Holdings filed an application asking for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena would be directed to AT&T U-verse, identified as the internet service provider, and would seek the true name and address of the defendant associated with IP address 107.199.77.48.

Court’s Action

The court found that Strike 3 Holdings had shown good cause to serve the subpoena. It authorized Strike 3 Holdings to serve AT&T U-verse with a subpoena under Federal Rule of Civil Procedure 45, provided that a copy of the order is attached.

The order also authorizes Strike 3 Holdings to serve the same type of subpoena on another internet service provider identified in response to a subpoena. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending the subscriber a copy of the order. Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. The order further provides that information disclosed about the defendant’s identity must be treated as confidential.

Disposition and Significance

This is a discovery order—an order about obtaining information—not a decision on the underlying claims. The court authorized the early third-party subpoena and imposed conditions on notice, use, and confidentiality. Judge Alex G. Tse signed the order on January 12, 2021.