Strike 3 Holdings v. John Doe subscriber assigned IP address 69.215.150.143

Background

Strike 3 Holdings, LLC requested 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 69.215.150.143.

Ruling

The court found that Strike 3 Holdings had shown good cause to serve the subpoena. It granted permission to serve AT&T with a subpoena under Federal Rule of Civil Procedure 45, attaching a copy of the order. The court also authorized subpoenas to any other internet service provider identified in response to a subpoena as providing internet services to the defendant.

The court deemed the authorized subpoenas appropriate court orders under 47 U.S.C. § 551. Each provider has 30 days after service to give each affected subscriber a copy of the subpoena and the order. Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.

The order requires each provider to preserve the subpoenaed information until it delivers the information to Strike 3 Holdings or the court finally resolves a timely motion to quash. Information disclosed in response to a subpoena may be used only to protect Strike 3 Holdings’ rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant must be filed under seal and not otherwise disclosed.

Effect of the Order

The order permits early discovery to identify the defendant, but it does not decide whether the defendant infringed copyright or resolve the underlying claims.