Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.237.13

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 was directed to Comcast Cable, identified in the order as the internet service provider, and sought the true name and address of the defendant associated with the internet address listed in the complaint and case caption.

Ruling

The court found that Strike 3 had shown “good cause” for early discovery and granted the application. Strike 3 could serve Comcast with a subpoena under Rule 45, attaching a copy of the order. It could also serve a similar subpoena on another internet service provider identified in Comcast’s response.

If the provider qualified as a cable operator under 47 U.S.C. § 522(5), the order required compliance with the notice provision in 47 U.S.C. § 551(c)(2)(B). Each provider had 30 days after receiving the subpoena to notify each affected subscriber by providing the subpoena and the order. The subscriber or provider also had 30 days after service to challenge, quash, or modify the subpoena. If no challenge was filed during that period, the provider would have 10 days to produce the requested information.

Protective Order

The court noted that the subscriber might not be the person who infringed Strike 3’s copyright and that public accusations involving the downloading of adult motion pictures could cause embarrassment. It therefore issued a limited protective order. Any name or other identifying information disclosed to Strike 3 had to remain confidential and could not be made public until the defendant had an opportunity to ask to proceed anonymously and the court ruled on that request. If the defendant did not seek permission to proceed anonymously within 30 days after the information was disclosed, the limited protection would expire.