Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.164.24.72

Background

Strike 3 Holdings, LLC asked for permission to serve Comcast Cable, the internet service provider identified in the order, with a subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant was identified in the caption as John Doe Subscriber Assigned IP Address 67.164.24.72.

Court’s ruling

The court found that Strike 3 Holdings had shown good cause and granted its ex parte application. An ex parte application is a request decided without the opposing party participating beforehand. The order permits Strike 3 Holdings to serve Comcast with a subpoena under Rule 45 seeking the defendant’s true name and address. Strike 3 Holdings must attach the order to the subpoena.

Comcast must serve John Doe with the subpoena and the order within 20 days after Comcast is served. John Doe then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. The subpoenaed entity must preserve the requested information while the process continues. Information disclosed in response to the subpoena may be used only to protect Strike 3 Holdings’ rights under the Copyright Act, 17 U.S.C. §§ 101–1322.

Strike 3 Holdings must serve John Doe with the summons, complaint, and other documents required by the court’s local rules within 120 days after learning John Doe’s identity. If the case continues after service, the parties must discuss whether a protective order is appropriate. The order addresses discovery and service procedures; it does not decide whether John Doe infringed a copyright or whether Strike 3 Holdings will prevail.