Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant was identified in the caption as John Doe, a subscriber assigned internet protocol address 108.29.132.150. The motion sought information from Verizon Fios, which the order called the internet service provider.

Court’s Analysis

The court found that Strike 3 had established “good cause” to serve the subpoena before the Rule 26(f) conference. The order cited decisions recognizing this standard, including Arista Records, LLC v. Doe 3, Malibu Media, LLC v. John Does 1-11, and John Wiley & Sons, Inc. v. Doe Nos. 1-30.

Order

The court allowed Strike 3 to serve Verizon Fios with a Rule 45 subpoena commanding it to provide the defendant’s true name and address. Strike 3 had to attach a copy of the order to the subpoena. The court also allowed Strike 3 to serve the same type of subpoena on any other service provider identified in response as providing internet services to one of the defendants.

If Verizon Fios qualified as a “cable operator” under 47 U.S.C. § 522(5), it was required to follow 47 U.S.C. § 551(c)(2)(B), which permits disclosure of subscriber information under a court order when the subscriber is notified. The order required the provider to send a copy of the order to the defendant. Strike 3 could use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The clerk was requested to terminate the motion.