Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.93.188.86

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the conference normally required by Federal Rule of Civil Procedure 26(f). A third-party subpoena is a formal demand for information from someone who is not a party to the case. The opinion identifies Comcast as the internet service provider for Defendant John Doe and states that Strike 3 sought to identify the defendant.

Ruling and conditions

The court found that the matter could be decided without a hearing and granted the motion. The subpoena could request only the actual name and address of the subscriber to whom Comcast assigned the listed internet address during the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act identified in the complaint’s Exhibit A.

The court imposed these additional conditions:

- Strike 3 Holdings had to attach a copy of the order to the subpoena. - Strike 3 Holdings could use information disclosed by Comcast only to protect its rights described in the complaint. - Comcast had to serve the subpoena and the order on John Doe. - The subpoena’s return date had to be at least 45 days after Comcast was served. - Comcast could not disclose identifying information before that return date or before the court resolved any motion to quash or modify the subpoena. - John Doe had 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it, in the court for the district where compliance was required. - Comcast had to preserve subpoenaed information while any timely motion to quash or modify remained unresolved. - If Comcast disclosed information to Strike 3 Holdings, Strike 3 could not publicly disclose it until John Doe had an opportunity to ask to proceed anonymously and the court ruled on that request.

If John Doe did not file a request to proceed anonymously within 30 days after the information was disclosed to Strike 3 Holdings, the limited protection against public disclosure would expire. The court also stated that papers containing identifying information could be filed under seal while it considered a request to proceed anonymously, with an opportunity for Strike 3 Holdings to respond.

Other service providers and disposition

The court did not give blanket permission to subpoena any other internet provider later identified in the case. Strike 3 Holdings had to seek separate permission before serving a subpoena on any provider besides Comcast. The court’s order granted the ex parte motion for leave to serve the Comcast subpoena subject to these conditions.

The order was signed by Susan Van Keulen, United States Magistrate Judge.