Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before a Rule 26(f) conference. The proposed subpoena was directed to Optimum Online, which the order identifies as the internet service provider for the IP address 69.127.138.122 assigned to John Doe.

Court’s Analysis and Order

The court found that Strike 3 Holdings had established “good cause” to serve the subpoena. The court therefore authorized Strike 3 Holdings to serve Optimum Online with a subpoena under Federal Rule of Civil Procedure 45, requiring Optimum Online to provide the true name and address of the defendant to whom it assigned the IP address identified in the complaint. A copy of the order had to accompany the subpoena.

The order also authorized Strike 3 Holdings to serve the same type of Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants.

If Optimum Online qualified as a “cable operator” under 47 U.S.C. § 522(5), the order required it to comply with 47 U.S.C. § 551(c)(2)(B) by sending Doe a copy of the order. That provision permits disclosure of personal identifying information under a court order when the subscriber is notified. Strike 3 Holdings could use information obtained through the subpoena only to protect and enforce the rights described in its complaint.

Disposition and Effect

The order authorized early third-party discovery to identify Doe. It did not decide the underlying claims or determine whether Strike 3 Holdings would ultimately prevail. Judge Philip M. Halpern signed the order on June 27, 2023.