Strike 3 Holdings v. John Doe subscriber assigned IP address 73.189.204.170

Background

Strike 3 Holdings, LLC filed an ex parte motion—meaning a motion considered without advance participation by the opposing party—for permission to serve a subpoena before the parties’ Rule 26(f) conference. The requested subpoena was directed to Comcast Cable, identified as the initial internet service provider, and sought information about the defendant associated with IP address 73.189.204.170.

Ruling

The court found that Strike 3 had established good cause to serve the subpoena. The order authorizes Strike 3 to serve Comcast Cable with a subpoena under Federal Rule of Civil Procedure 45 seeking only the defendant’s true name and address. A copy of the order must accompany the subpoena.

The order also permits Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant. The order treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber receives notice.

Protections and deadlines

Each internet service provider has 30 days after service to give each affected subscriber a copy of the subpoena and this order. Each subscriber and provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.

Providers must preserve the subpoenaed information until they provide it to Strike 3 or the court finally resolves a timely challenge. Strike 3 may use information produced under the subpoenas only to protect its rights under the Copyright Act. Documents containing the name or other identifying information of a current or proposed defendant must be filed under seal, following the court’s local sealing procedure. Judge Jeffrey White dated and issued the order on August 17, 2023.