Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.48.227

Background

Strike 3 Holdings, LLC sought permission to serve Comcast Cable, the internet service provider associated with the subscriber assigned IP address 24.5.48.227, with a subpoena before the parties’ Rule 26(f) conference. The subpoena sought the subscriber’s true name and address.

Court’s analysis

The court found good cause for the early discovery. It concluded that Strike 3 had shown that: (1) it identified the defendant specifically enough for the court to determine that the defendant was a real person or entity who could be sued in federal court; (2) it had taken earlier steps to locate the defendant; (3) its action could withstand a motion to dismiss; and (4) discovery was reasonably likely to identify the defendant so that service of process could occur.

The court also noted that, after learning the defendant’s identity, Strike 3 could not rely only on an allegation that the person was the subscriber assigned to an IP address associated with infringing activity to state a plausible direct claim. At this stage, however, the court concluded that limited discovery to determine the defendant’s identity was proper.

Order

The court granted Strike 3’s application. Strike 3 may serve Comcast with a Rule 45 subpoena requiring Comcast to provide the subscriber’s true name and address, and it must attach the order to the subpoena. Comcast must provide the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use reasonable means to provide that notice.

Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena and may seek a protective order. If Comcast provides subscriber-identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court. Judge Virginia K. Demarchi signed the order.