Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.198.67

Background

Strike 3 Holdings, LLC asked for permission to serve a subpoena on Comcast Cable before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the John Doe defendant associated with the internet protocol address listed in the complaint and case caption.

Ruling

The court granted the application after finding that Strike 3 had shown “good cause” to serve a third-party subpoena under Federal Rule of Civil Procedure 45. Strike 3 may serve Comcast with a subpoena seeking John Doe’s true name and address and must attach a copy of the order. It may also serve the same type of subpoena on another internet service provider identified in Comcast’s response.

If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to follow 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified. Comcast may provide that notice by sending the defendant a copy of this order.

Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. The court also issued a limited protective order under Rule 26(c). Any name or other identifying information disclosed to Strike 3 must be kept confidential and may not be made public until the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. The protective order expires if the defendant does not file that request within 30 days after the information is disclosed.

This order authorizes early discovery and protects the subscriber’s identifying information; it does not decide whether John Doe infringed Strike 3’s copyright.