Strike 3 Holdings v. John Doe subscriber assigned IP address 67.188.225.200

Background

Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a subpoena before the parties’ required Rule 26(f) conference, an early meeting about managing a federal case. The requested subpoena sought information identifying the subscriber to whom Comcast Cable assigned IP address 67.188.225.200.

Court’s ruling

The court found that Strike 3 Holdings had shown “good cause” and granted the application. The order authorized Strike 3 Holdings to serve Comcast with a subpoena requiring Comcast to provide the defendant’s true name and address. 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 permitting disclosure under 47 U.S.C. § 551. Each internet service provider must give each affected subscriber a copy of the subpoena and the order within 30 days after receiving the subpoena. Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to cancel or change it. If no timely challenge is filed, the provider has 10 days to produce the requested information. Providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.

Limits on disclosure

Information disclosed in response to a subpoena may be used only to protect Strike 3 Holdings’ rights under the Copyright Act. Any information about a current or proposed defendant must be filed under seal and not otherwise disclosed. The order did not decide whether the defendant infringed copyright or resolve the underlying case. Judge Joseph C. Spero signed the order on February 13, 2023.