Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.72.4

Background

Strike 3 Holdings, LLC filed an application asking for permission to serve a subpoena on Comcast Cable before the parties’ conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the defendant, who was identified in the caption as John Doe Subscriber Assigned IP Address 69.181.72.4. Strike 3 sought the information to identify the defendant.

Ruling

The court found good cause and granted the application. The subpoena may request only the actual name and address of the subscriber to whom Comcast assigned the specified IP address during the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act listed in the complaint’s Exhibit A. Strike 3 must attach the order to the subpoena and may use information provided by Comcast only to protect its rights described in the complaint.

Comcast must serve the subscriber with copies of the subpoena and order within 14 days after service on Comcast. The subpoena’s return date must be at least 45 days after service on Comcast. Comcast may not disclose identifying information before that date or before any motion to quash or modify the subpoena is resolved, and it must preserve the information while a timely challenge is pending.

The subscriber will have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it, in the court for the district where compliance is required. If Comcast gives identifying information to Strike 3, Strike 3 may not publicly disclose it until the subscriber has had an opportunity to ask to proceed anonymously and the court has ruled on that request. The court also stated that Strike 3 must seek separate permission before subpoenaing any other internet provider identified through the Comcast subpoena.