Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.220.84.74

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 IP address 104.220.84.74 in a copyright infringement action. The order limits the subpoena to the subscriber’s true name and address and imposes protections concerning notice, service, confidentiality, and an optional informal conference. The court requires a status report within 60 days and cautions that the plaintiff may not disclose the defendant’s identity without further court permission.

Holdings

1. A court may authorize expedited discovery 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 may consider the concreteness of the prima facie claim, specificity of the discovery request, availability of alternative means, need for the information to advance the claim, and the potential defendant's expectation of privacy in deciding whether to authorize an identification subpoena.
3. Expedited discovery may be authorized only on narrowly tailored terms: the ISP subpoena may seek only the true name and address of the person or entity assigned the IP address; the identified person must receive the order; the person must have an opportunity to move to quash; formal service and disclosure of the identity require further court authorization.

Questions Presented

1. Whether the plaintiff had shown good cause for expedited discovery before the Rule 26(f) conference.
2. Whether the court should authorize a subpoena to the Internet service provider seeking the name and address associated with the subject IP address.
3. What privacy and procedural safeguards were necessary before allowing the subpoena and any subsequent service of process.