Strike 3 Holdings v. John Doe subscriber assigned IP address 107.203.252.212

Background

Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena before the required Rule 26(f) conference. The application concerned a defendant identified in the caption as John Doe subscriber assigned IP address 107.203.252.212. The opinion states that Strike 3’s complaint sets out its rights and claims, but this order did not decide the merits of those claims.

Ruling on Early Discovery

The court found that Strike 3 had shown “good cause” under Federal Rule of Civil Procedure 45 to obtain early discovery. It authorized Strike 3 to serve AT&T Inc., identified as the internet service provider, with a subpoena seeking the true name and address of the defendant to whom the provider assigned the IP address listed in the complaint and caption. Strike 3 must attach the order to the subpoena.

The court also authorized Strike 3 to serve the same type of subpoena on any service provider identified in response as providing internet services to the defendant.

Notice and Challenges

If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2), including notifying the subscriber by sending a copy of the order. More generally, each internet service provider has 30 days after service to notify each subscriber whose identity is sought by providing a copy of the subpoena and the order. Notice may be sent by reasonable means, including first-class mail or overnight service to the subscriber’s last known address.

Each subscriber and each provider has 30 days after service on that person or entity to file a motion contesting, quashing, or modifying the subpoena. If that period expires without a challenge, the provider has 10 days to produce the responsive information to Strike 3.

Confidentiality and Disposition

The court issued a limited protective order under Federal Rule of Civil Procedure 26(c). Any name or other identifying information released to Strike 3 must be treated as 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 protective order expires.

In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 107.203.252.212, Judge Jon S. Tigar granted the ex parte application for permission to serve a third-party subpoena before the Rule 26(f) conference and entered the limited protective order. The order is a discovery ruling; it does not determine whether the defendant infringed Strike 3’s copyright.