Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that John Doe, a subscriber assigned internet address 96.239.55.232, illegally downloaded the plaintiff’s copyrighted works. Strike 3 asked for permission to serve Verizon Fios with a third-party subpoena under Federal Rule of Civil Procedure 45. The subpoena would seek the name and address of the Verizon customer assigned to that internet address. Strike 3 sought this discovery before the parties’ required Rule 26(f) conference.

Court’s Analysis

The court concluded that Strike 3 had shown good cause for expedited discovery, meaning discovery allowed before the usual stage of the case. It applied five considerations: whether the plaintiff made a concrete initial showing of actionable harm, whether the request was specific, whether other ways existed to obtain the information, whether the information was needed to advance the claim, and the objecting party’s expectation of privacy.

The court found that Strike 3’s complaint established an initial copyright-infringement claim. It also found that the request was limited to the identity and address of one person, that Verizon was the only identified source able to connect the internet address to a real-world person, and that the claim could not proceed without identifying John Doe. The court determined that the defendant’s privacy interest was outweighed by Strike 3’s ability to prosecute the alleged copyright violation.

Ruling

Judge Mary Kay Vyskocil granted the motion. The order permits Strike 3 to serve Verizon with a Rule 45 subpoena seeking the defendant’s name and address. Strike 3 must serve Verizon with a copy of the order at the same time as the subpoena. If Verizon qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B). Strike 3 may use information disclosed through the subpoena only to prosecute its claims in this action. The order concerns discovery and does not decide whether the alleged copyright infringement occurred.