Strike 3 Holdings v. John Doe subscriber assigned IP address 162.206.72.115

Background

Strike 3 Holdings, LLC filed an ex parte application, meaning an application decided without a prior hearing involving the opposing party, for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to AT&T U-verse and sought the true name and address of the defendant associated with IP address 162.206.72.115.

Ruling

The court found that Strike 3 Holdings had shown good cause for early discovery. It authorized Strike 3 Holdings to serve AT&T with a Rule 45 subpoena seeking the defendant’s name and address and to attach a copy of the order. It also authorized a subpoena to any internet service provider identified in response as providing internet services to the defendant.

The order stated that the authorized subpoenas qualified as court orders for purposes of 47 U.S.C. § 551 and authorized disclosure of the requested subscriber information subject to that statute. Each provider had 30 days after service to notify the affected subscriber by providing the subpoena and order. The subscriber or provider then had 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge was filed, the provider had 10 days to produce the responsive information.

The court also required each provider to preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Any information disclosed could be used only to protect Strike 3 Holdings’ rights under the Copyright Act. Names and other personal identifying information of current or proposed defendants had to be filed under seal and not otherwise disclosed.

Disposition

Magistrate Judge Joseph C. Spero granted Strike 3 Holdings’ ex parte application to serve the subpoena. The order addressed early discovery and disclosure procedures; it did not decide the underlying copyright dispute.