Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.181.183.192

Summary

The United States District Court for the Eastern District of California grants Strike 3 Holdings, LLC’s ex parte application for expedited discovery to identify the subscriber associated with an IP address allegedly used for BitTorrent copyright infringement. The order limits the subpoena to the subscriber’s name and address, requires notice and privacy safeguards, prohibits formal service absent further order, and establishes procedures for a potential informal conference and status reporting.

Holdings

1. Expedited discovery may be authorized before the Rule 26(f) conference when good cause exists, meaning the need for expedited discovery, in light of the administration of justice, outweighs prejudice to the responding party.
2. The court authorized a subpoena to the ISP seeking only the true name and address of the person or entity to whom the subject IP address was assigned.
3. The subpoena could issue only with safeguards protecting the potential defendant, including notice, an opportunity to move to quash, restrictions on disclosure, and a prohibition on formal service absent further court order.

Questions Presented

1. Whether plaintiff established good cause for expedited discovery before the Rule 26(f) conference.
2. Whether the court should authorize a third-party subpoena to the ISP to identify the person or entity associated with the subject IP address.
3. What privacy and procedural safeguards were required before permitting the subpoena and any subsequent service of process.

Disposition

other