Strike 3 Holdings v. John Doe subscriber assigned IP address 136.25.158.172

Background

Strike 3 Holdings, LLC requested permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought information identifying the subscriber assigned Internet Protocol address 136.25.158.172.

Court’s reasoning and order

The court found that Strike 3 had shown “good cause” to serve Webpass before the Rule 26(f) conference. It authorized Strike 3 to serve Webpass with a Rule 45 subpoena seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.

The court also authorized Strike 3 to serve a Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet service to the defendant. The order stated that the authorized subpoenas qualify as court orders for purposes of 47 U.S.C. § 551, which concerns disclosure of personally identifying subscriber information.

Each provider must serve the affected subscriber or subscribers with the subpoena and the order within 30 days after service on the provider. Each subscriber and provider then has 30 days after service to challenge the subpoena, including by asking the court to cancel or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information. Providers must preserve the subpoenaed information while production or any timely challenge is pending.

Disposition

Judge Joseph C. Spero granted Strike 3’s application to serve the subpoena. The order limited any information disclosed to use solely for protecting Strike 3’s rights under the Copyright Act. It also required the names and other identifying information of current or proposed defendants and other subscribers identified through the subpoenas to be filed under seal and not otherwise disclosed.