Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.130.199.5

Background

Strike 3 Holdings, LLC filed an ex parte application—an application made without waiting for the other side to participate—for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena was directed to Comcast Cable and sought the true name and address of the defendant associated with IP address 24.130.199.5.

Ruling

The court found that Strike 3 had shown “good cause” for the early discovery and granted the application. The order authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. It also authorized subpoenas to any other internet service provider identified in response as providing internet service to the defendant.

The order treated the authorized subpoenas as court orders allowing disclosure under 47 U.S.C. § 551. Each internet service provider must notify each subscriber whose identity is sought by providing copies of the subpoena and order within 30 days after service. 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 to Strike 3.

The providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Strike 3 may use any information disclosed only to protect its rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant must be filed under seal and not otherwise disclosed. Judge Joseph C. Spero signed the order as Chief Magistrate Judge.