Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.42.193.132

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The case identifies the defendant by the internet address 98.42.193.132. The requested subpoena seeks the defendant’s true name and address from the internet service provider.

Ruling on the subpoena

The court found that Strike 3 had shown “good cause” to serve Comcast under Rule 45 of the Federal Rules of Civil Procedure. The court granted permission for Strike 3 to serve the subpoena and required Strike 3 to attach a copy of the order.

Strike 3 may also serve a Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must send the defendant a copy of the order as required by 47 U.S.C. § 551(c)(2).

Notice and challenges

Each provider has 30 days after being served to send each affected subscriber a copy of the subpoena and the 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 challenge is filed within that period, the provider has 10 days to produce the responsive information to Strike 3.

Confidentiality order

The court issued a limited protective order because the subscriber may not be the person who infringed Strike 3’s copyright and because publicly accusing someone of illegally downloading adult motion pictures could cause embarrassment. Any name or other identifying information released to Strike 3 must remain confidential and may not be publicly disclosed until the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the defendant does not seek permission to proceed anonymously within 30 days after the information is disclosed to Strike 3, the limited protective order expires.

Disposition

Judge Jon S. Tigar granted Strike 3’s application for permission to serve a third-party subpoena before the Rule 26(f) conference and issued the limited protective order described in the order.