Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The subpoena would be directed to Verizon Fios, identified as the internet service provider, and would seek the true name and address of the defendant associated with IP address 71.190.245.23.

Court’s ruling

The court found that Strike 3 had established “good cause” to serve the subpoena before the Rule 26(f) conference. The order authorizes Strike 3 to serve Verizon Fios with a subpoena under Rule 45, provided that Strike 3 attaches a copy of the order.

The order also authorizes Strike 3 to serve a similar Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants. If Verizon Fios qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with the privacy-disclosure requirements in 47 U.S.C. § 551(c)(2)(B), including sending the defendant a copy of the order. Strike 3 may use information obtained from the subpoena only to protect and enforce its rights stated in the complaint.

Effect of the order

This is an early-discovery order. It does not decide the underlying claims or defenses, and the opinion does not state that the defendant’s identity was disclosed. The order permits Strike 3 to seek identifying information from Verizon Fios and potentially from another identified service provider.