Strike 3 Holdings, LLC v. John Doe

Summary

The United States District Court for the District of Massachusetts grants Strike 3 Holdings, LLC leave to serve Comcast Cable Communications, LLC with a third-party subpoena before the Rule 26(f) conference. The subpoena may seek only the name and address of the subscriber associated with IP address 73.100.68.211 in connection with alleged BitTorrent copyright infringement. The order imposes notice, objection, timing, confidentiality, and use restrictions to protect the subscriber's privacy.

Holdings

1. A court may authorize a Rule 45 subpoena to a defendant's internet service provider before the Rule 26(f) conference when the requesting party establishes good cause under Rule 26(d)(1).
2. Strike 3 established good cause for early discovery because its allegations and supporting declarations adequately showed a prima facie copyright infringement claim, and the requested subscriber-identification information was specific, unavailable through alternative means, central to the action, and outweighed Doe's limited privacy interest.
3. The authorized subpoena may seek only the subscriber's name and address and is subject to advance notice, a 30-day opportunity to move to quash or contest, a stay of production during that period, confidentiality protections, and use limited to protecting and enforcing rights asserted in the complaint.

Questions Presented

1. Whether the court should authorize discovery from a third party before the Rule 26(f) conference under Federal Rule of Civil Procedure 26(d)(1) to identify an unknown copyright-infringement defendant.
2. Whether Strike 3 established good cause, including a prima facie claim, specificity, lack of alternative means, centrality of the requested information, and the defendant's privacy interest, for the requested subpoena.
3. Whether the requested early discovery was relevant and proportional under Federal Rule of Civil Procedure 26(b)(1).

Disposition

other