Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.102.109.16

Background

Strike 3 Holdings, LLC alleged that the person using IP address 76.102.109.16 infringed its copyrights in 37 adult motion pictures over an extended period. Strike 3 said it had been unable to identify the individual associated with the IP address and asked for permission to conduct discovery before the parties’ required Rule 26(f) conference. Specifically, it sought to serve a Rule 45 subpoena, a formal demand for information, on Comcast, the non-party internet service provider.

Reasoning

The court explained that early discovery may be authorized when good cause exists. Courts assess whether the plaintiff has identified the unknown defendant with enough specificity to show that the person is real and can be sued in federal court; described efforts to locate the person; shown that the complaint could withstand a motion to dismiss; and shown that the requested discovery is reasonably likely to produce information allowing service of process.

The court found that Strike 3 made a sufficient showing on all four factors. It therefore concluded that good cause supported serving Comcast with a subpoena to obtain the Doe defendant’s identity.

Protective order

Because the Comcast subscriber might be an innocent third party and the case involved sensitive personal matters, the court issued a limited protective order. Information Comcast released to Strike 3 had to remain confidential. Strike 3 could not publicly disclose it until the Doe defendant had an opportunity to ask to proceed anonymously and the court ruled on that request. If the Doe defendant did not seek permission to proceed anonymously within 30 days after disclosure to Strike 3’s counsel, the limited protective order would expire. Identifying information included in an anonymity request could be filed under seal.

Disposition

Judge Edward M. Chen granted Strike 3 Holdings’s motion for expedited discovery. Strike 3 could immediately serve Comcast with a subpoena, accompanied by the order, seeking the Doe defendant’s true name and addresses. Comcast had to notify the Doe defendant within 30 days after service. The Doe defendant then had 30 days after receiving notice to challenge the subpoena, including by seeking to quash or modify it. The subpoenaed entity had to preserve the information while any timely challenge was resolved. Information produced under the subpoena could be used only to protect Strike 3 Holdings’s rights described in its complaint. The order disposed of Docket No. 7.