Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.216.4.65

Background

Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The proposed subpoena would be served on AT&T Internet, identified as the internet-service provider, to obtain the true name and address of the defendant associated with the internet-protocol address listed in an exhibit to the complaint.

Ruling

The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena. It allowed the plaintiff to serve a subpoena under Rule 45 on AT&T Internet and, if applicable, on another provider identified in response as providing internet services to the defendant. Any subpoena must include a copy of the order.

If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order required compliance with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber of the court-authorized disclosure by sending the subscriber a copy of the order. More generally, the provider must serve the subscriber with copies of the subpoena and order within 30 days after service on the provider, using any reasonable means, including mail or overnight service.

Each subscriber and provider has 30 days after service on that person or entity to file a motion contesting, quashing, or modifying the subpoena. If no subscriber challenges the subpoena during that period, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. The plaintiff may use information produced in response only to protect and enforce the rights described in the complaint. 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.