Strike 3 Holdings v. John Doe subscriber assigned IP address 162.238.126.205

Background

Strike 3 Holdings, LLC sought permission to serve a subpoena on AT&T U-verse before the parties held the conference ordinarily required under Rule 26(f) of the Federal Rules of Civil Procedure. The subpoena would seek the true name and address of the subscriber assigned internet protocol address 162.238.126.205.

The opinion states that Strike 3’s complaint asserted copyright infringement. The court also noted that Strike 3 had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).

Court’s Analysis

The court found good cause for early third-party discovery. It determined that Strike 3 had shown that:

- it could identify the defendant with enough specificity for the court to determine that the defendant was a real person or entity who could be sued in federal court; - it had identified prior efforts to locate the defendant; - its claim could withstand a motion to dismiss; and - there was a reasonable likelihood that discovery would identify the defendant and make service of process possible.

The court explained that an internet service account connected to an internet protocol address does not, by itself, establish the account holder’s liability. But, at this stage and on the record presented, the court allowed limited discovery to determine the defendant’s identity.

Order

The court granted Strike 3’s application and authorized it to serve a Rule 45 subpoena on AT&T U-verse seeking the true name and address of the subscriber assigned the specified internet protocol address. Strike 3 must attach the order to the subpoena.

AT&T U-verse must serve the subscriber with a copy of the subpoena and the order within 30 days after the subpoena is served on AT&T U-verse. AT&T U-verse may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.

Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. AT&T U-verse may object to the subpoena and may seek a protective order. If AT&T U-verse provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.

This order granted permission to seek identifying information; it did not decide whether copyright infringement occurred or whether the subscriber was liable. Magistrate Judge Virginia K. Demarchi issued the order on February 4, 2021.