Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.207.4.230

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought information from Comcast Cable about the person to whom Comcast assigned Internet Protocol address 98.207.4.230.

Ruling

The court found that Strike 3 Holdings had shown “good cause” to obtain the information. It granted the ex parte application and authorized Strike 3 Holdings to serve Comcast with a Rule 45 subpoena—a subpoena requiring a nonparty to provide information—seeking the defendant’s true name and address. The subpoena must include a copy of the order.

The court also authorized Strike 3 Holdings to serve the same type of subpoena on any other Internet service provider identified in response to a subpoena as providing Internet service to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s notice requirement.

Notice, challenges, and limits

Each Internet service provider must serve the affected subscriber with the subpoena and the order within 30 days after being served. The subscriber or provider then has 30 days after service to file a motion challenging 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. Providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.

Any information disclosed may be used only to protect Strike 3 Holdings’ rights under the Copyright Act. The order also requires the names and other personal identifying information of current or proposed defendants to be filed under seal and not otherwise disclosed.