Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.16.100.105

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant was identified in the caption as John Doe Subscriber Assigned IP Address 99.16.100.105. Strike 3 sought information from AT&T U-Verse, identified in the order as the internet service provider, to learn the defendant’s true name and address.

Court’s Ruling

The court found that Strike 3 had shown good cause and granted its ex parte application. An ex parte application is a request decided without the opposing party’s participation at that stage. The court authorized Strike 3 to serve AT&T U-Verse with a Rule 45 subpoena, attaching a copy of the order, seeking the name and address of the person assigned the IP address listed in Exhibit A to the complaint.

Notice and Challenges

AT&T U-Verse must serve John Doe with the subpoena and the order within 20 days after being served. John Doe then has 30 days after receiving notice to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, AT&T U-Verse has 14 days to provide the information. The subpoenaed entity must preserve the subpoenaed information while the process is pending and until the information is delivered or a timely motion to quash is finally resolved.

Limits and Further Procedure

Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Strike 3 must serve John Doe with the summons, complaint, and other documents required by the court’s local rule within 120 days after learning John Doe’s identity. If the case continues after service, the parties must discuss whether a protective order is appropriate. The order addressed early discovery only; it did not decide whether John Doe infringed copyright or resolve the lawsuit’s merits.