Summary
This United States District Court order grants plaintiff Strike 3 Holdings, LLC’s motion for leave to serve a third-party subpoena on Comcast Cable prior to the Rule 26(f) conference. The court finds good cause to permit early discovery to identify an anonymous defendant in a copyright infringement action. The order establishes specific procedures and deadlines for the ISP to notify the subscriber, who may contest the subpoena within thirty days before any personal information is released.
Topics
Practice areas
Questions Presented
- Whether the plaintiff demonstrated good cause to obtain a third‑party subpoena before the Rule 26(f) conference.
Holdings
- The motion is granted, allowing the plaintiff to serve a third‑party subpoena on the ISP subject to the listed restrictions.
Key quotations
“Strike 3 may immediately serve a third‑party subpoena, pursuant to Federal Rule of Civil Procedure 45, upon Comcast Cable, requiring that it disclose only the name and address of the subscriber associated with IP address 98.229.82.197.”
Factual background
Strike 3 Holdings, LLC, a producer of adult films, alleges that John Doe, an unknown subscriber identified only by IP address 98.229.82.197, downloaded and distributed its films without authorization. The plaintiff seeks the subscriber's name and address to effect service of process.
Procedural history
Plaintiff filed a copyright infringement action and moved for early discovery via a third‑party subpoena; the district court considered the motion and issued an order.