Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.29.224

Background

Strike 3 Holdings, LLC filed an application asking for permission to serve a subpoena on a third party before the parties’ Rule 26(f) conference. The defendant is identified in the caption as John Doe Subscriber Assigned IP Address 71.202.29.224. The requested subpoena would seek identifying information from Comcast Cable, the internet service provider identified in the order.

Ruling

The court found that Strike 3 Holdings had shown good cause to serve the early third-party subpoena. The order permits Strike 3 Holdings to serve Comcast Cable with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address associated with the specified internet protocol address. Strike 3 Holdings must attach a copy of the order to the subpoena.

The order also permits Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing internet services to the defendant. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice and disclosure requirements in 47 U.S.C. § 551(c)(2)(B), including sending the defendant a copy of the order.

Conditions and Procedure

Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. The subscriber and provider each have 30 days after service to file a motion contesting, quashing, or modifying the subpoena.

If the 30-day period expires without a subscriber challenging the subpoena, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information until producing it or until any timely motion to quash is finally resolved. The defendant’s name and other identifying information must be provisionally filed under seal. After service, the court may require the defendant to ask for permission to proceed anonymously. The order does not decide the merits of Strike 3 Holdings’ underlying claims.