Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.62.89.59

Background

Strike 3 Holdings, LLC applied without advance notice to the opposing party 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 174.62.89.59.

Court’s ruling

The court found that Strike 3 had established good cause and granted the application. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The court also authorized subpoenas to 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, provided that the subscriber is notified. Each provider must notify each affected subscriber within 30 days after being served by providing copies of the subpoena and order. Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information to Strike 3.

The providers must preserve the subpoenaed information until producing it or until a timely motion to quash is finally resolved. Strike 3 may use information disclosed under the subpoenas only to protect its rights under the Copyright Act. The order also requires the names and other identifying information of any current or proposed defendant to be filed under seal and not otherwise disclosed. Judge Joseph C. Spero did not decide whether the defendant infringed copyright or resolve the merits of Strike 3’s claims.