Strike 3 Holdings v. John Doe subscriber assigned IP address 99.162.144.107

Background

Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought information identifying the subscriber assigned Internet Protocol address 99.162.144.107.

Ruling

The court granted the application and found that Strike 3 had shown “good cause” to serve a subpoena on AT&T U-verse. The order authorizes a Rule 45 subpoena requiring AT&T to provide Strike 3 with the defendant’s true name and address. It also permits Strike 3 to serve the same type of subpoena on any other internet service provider identified in response as providing internet service to the defendant.

The order treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551. Each provider has 30 days after service to give the affected subscriber a copy of the subpoena and the order. Each subscriber and provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information for that subscriber.

Providers must preserve the requested information while waiting for production or resolution of a timely challenge. Strike 3 may use information disclosed in response to a subpoena only to protect its rights under the Copyright Act. Any name or other personal identifying information concerning a current or proposed defendant, or another subscriber identified through a subpoena, must be filed under seal and not otherwise disclosed. The order addressed discovery and disclosure procedures; it did not decide the merits of any copyright-infringement claim.